S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 2508                                                  A. 3008
 
                       S E N A T E - A S S E M B L Y
 
                             January 20, 2021
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when printed to be committed to the Committee on Finance
 
 IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
   article seven of the Constitution -- read once  and  referred  to  the
   Committee on Ways and Means

 AN  ACT  to  amend  the vehicle and traffic law and the general business
   law, in relation to penalties for commercial vehicles on parkways  and
   penalties  for  overheight  vehicles  and to preventing bridge strikes
   (Part A); to amend the penal law and the vehicle and traffic  law,  in
   relation  to  transportation  worker  safety (Subpart A); to amend the
   vehicle and traffic law and the highway law, in  relation  to  highway
   clearance  (Subpart  B);  to  amend  the  vehicle  and traffic law, in
   relation to increased fines for injury to pedestrians (Subpart C); and
   to amend the vehicle and traffic law, in relation to work zone  safety
   and  outreach  (Subpart  D)  (Part B); to amend the public authorities
   law, in relation to electronic bidding (Part C); to amend  the  public
   authorities  law,  in relation to the minimum amount for a procurement
   contract (Part D); to amend the penal law, in  relation  to  including
   the  intentional  use  of  any  toll highway, parkway, road, bridge or
   tunnel or entry  into  or  remaining  in  a  tolled  central  business
   district  without  payment  of the lawful toll or charge as a theft of
   services; and to amend the vehicle and traffic law, in relation to the
   penalty imposed upon the operator of a  vehicle  with  an  altered  or
   obscured license plate while on a toll highway, bridge or tunnel (Part
   E);  to  amend the public authorities law, in relation to procurements
   conducted by the New York City transit authority and the  metropolitan
   transportation  authority;  to amend part OO of chapter 54 of the laws
   of 2016, amending the public authorities law relating to  procurements
   by  the New York City transit authority and the metropolitan transpor-
   tation authority, in relation to the  effectiveness  thereof;  and  to
   repeal certain provisions of the public authorities law relating ther-
   eto  (Part  F);  to  amend  the public authorities law, in relation to
   metropolitan transportation authority  capital  projects  and  utility
   relocations (Part G); to amend the public authorities law, in relation
   to  the use and occupancy of streets for transportation projects (Part
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12573-01-1

 S. 2508                             2                            A. 3008
 
   H); to amend the penal law, in relation  to  assaulting  or  harassing
   certain  employees of a transit agency or authority (Part I); to amend
   chapter 393 of the laws of 1994 amending  the  New  York  state  urban
   development  corporation  act  relating  to the powers of the New York
   state urban development corporation to  make  loans,  in  relation  to
   extending  loan powers (Part J); to amend the urban development corpo-
   ration act, in relation to extending the authority  of  the  New  York
   state  urban  development  corporation  to administer the empire state
   economic development fund (Part K); to  amend  the  multiple  dwelling
   law,  in  relation  to  temporary  rules for certain multiple dwelling
   units used as joint living-work quarters; and providing for the repeal
   of such provisions upon expiration thereof (Part L); to amend  section
   3  of  part  S  of  chapter 58 of the laws of 2016, relating to trans-
   ferring the statutory authority  for  the  promulgation  of  marketing
   orders  from the department of agriculture and markets to the New York
   state urban development corporation, in relation to the  effectiveness
   thereof  (Part  M);  to amend chapter 21 of the laws of 2003, amending
   the executive law relating to permitting the  secretary  of  state  to
   provide  special  handling  for  all  documents filed or issued by the
   division of corporations and to permit additional levels of such expe-
   dited service, in relation to the effectiveness thereof (Part  N);  to
   amend  the business corporation law, the general associations law, the
   limited liability company law, the not-for-profit corporation law, the
   partnership law and the real property law, in relation to  service  of
   process (Part O); to amend the executive law, in relation to authoriz-
   ing remote notarization (Part P); to amend the environmental conserva-
   tion  law,  the executive law, and the public service law, in relation
   to making technical amendments related  to  the  office  of  renewable
   energy  siting  (Part  Q);  in  relation to the eligibility of certain
   renewable energy credits for purposes of compliance with local  build-
   ing  emissions  requirements;  and  providing  for  the repeal of such
   provisions upon the expiration thereof (Part R); to amend  the  public
   authorities  law,  in  relation  to  powers of the New York convention
   center operating corporation (Part S); to amend part B of chapter  173
   of  the  laws of 2013 relating to the issuance of securitized restruc-
   turing bonds to refinance the outstanding  debt  of  the  Long  Island
   power  authority,  in  relation  to  the  utility  debt securitization
   authority; and in relation to permitting the issuance  of  securitized
   restructuring  bonds  to  finance system resiliency costs (Part T); to
   amend the economic development law, in relation to recharge  New  York
   power  for  eligible  small businesses and not-for-profit corporations
   (Part U); to amend the insurance law, the public authorities  law  and
   the  tax  law,  in  relation to authorizing the power authority of the
   state of New York to form a pure captive insurance company  (Part  V);
   to  authorize the energy research and development authority to finance
   a portion of its research, development and demonstration,  policy  and
   planning,  and  Fuel  NY  program,  as  well as climate change related
   expenses of the  department  of  environmental  conservation  and  the
   department  of  agriculture  and  markets'  Fuel  NY  program, from an
   assessment on gas and electric corporations (Part  W);  to  amend  the
   environmental  conservation law and the state finance law, in relation
   to hunting; and to repeal  certain  provisions  of  the  environmental
   conservation law relating thereto (Part X); to amend the environmental
   conservation  law,  in  relation  to prohibiting plastic carryout bags
   (Part Y); to authorize the county of Nassau, to permanently and tempo-
   rarily convey certain easements and to  temporarily  alienate  certain

 S. 2508                             3                            A. 3008
 
   parklands  (Subpart  A);  to  authorize  the village of East Rockaway,
   county of Nassau, to permanently and temporarily convey certain  ease-
   ments  and  to temporarily alienate certain parklands (Subpart B); and
   to  authorize  the  village  of Rockville Centre, county of Nassau, to
   permanently and temporarily convey certain easements and to  temporar-
   ily  alienate certain parklands (Subpart C) (Part Z); to amend the tax
   law, in relation to extending certain brownfield credit  periods  that
   expire  on  or  after  3/20/20 and before 12/31/21 for two years (Part
   AA); to authorize the grant of  certain  easements  to  AlleCatt  Wind
   Energy  LLC  on  a proportion of real property within the Farmersville
   State Forest, Swift Hill State Forest, and Lost Nation State Forest in
   the  county  of  Allegany;  and  providing  for  the  repeal  of  such
   provisions  upon the expiration thereof (Part BB); to amend chapter 58
   of the laws of 2013 amending the environmental  conservation  law  and
   the  state  finance  law  relating  to the "Cleaner, Greener NY Act of
   2013", in relation to the effectiveness thereof (Part CC); in relation
   to establishing the "rail advantaged housing act" (Part DD); to  amend
   the  public authorities law, in relation to the clean energy resources
   development and incentives program (Part EE); to amend chapter 166  of
   the  laws  of  1991,  amending  the tax law and other laws relating to
   taxes, in relation to extending the expiration of  certain  provisions
   of such chapter; and to amend the vehicle and traffic law, in relation
   to  extending  the  expiration  of  the mandatory surcharge and victim
   assistance fee (Part FF); to amend the vehicle  and  traffic  law,  in
   relation  to requiring persons to use one hand while operating a motor
   vehicle, unless such vehicle is engaged to perform steering  function;
   and  to  amend  part  FF of chapter 55 of the laws of 2017 relating to
   motor  vehicles  equipped  with  autonomous  vehicle  technology,   in
   relation  to the required submission of a report on the demonstrations
   and tests of motor vehicles equipped with autonomous vehicle technolo-
   gy; and in relation to the effectiveness thereof (Part GG);  to  amend
   the  vehicle and traffic law and the state finance law, in relation to
   temporarily requiring the department of motor vehicles  to  collect  a
   one dollar convenience fee for modernization of information technology
   used  by  the  department;  and  providing  for  the  repeal  of  such
   provisions upon expiration thereof (Part HH); to amend chapter  58  of
   the  laws of 2012, amending the public health law, relating to author-
   izing the  dormitory  authority  to  enter  into  certain  design  and
   construction  management  agreements, in relation to the effectiveness
   thereof (Part II); to amend the insurance law, in  relation  to  unau-
   thorized  providers  of  health  services; and to authorize the super-
   intendent of financial services to convene a motor  vehicle  insurance
   task  force  to  examine alternatives to the no-fault insurance system
   and deliver a report relating thereto (Part JJ); to repeal section 410
   of the economic development law; and to amend the  public  authorities
   law, in relation to authorizing the department of economic development
   to  designate  centers  for  advanced technology program (Part KK); to
   amend the banking law, in relation to the forbearance  of  residential
   mortgage  payments  (Part  LL);  establishing  the  COVID-19 emergency
   eviction and foreclosure prevention for tenants and owners of  commer-
   cial  real  property  act  of  2021;  relating  to a temporary stay of
   eviction proceedings of commercial  tenants;  and  providing  for  the
   repeal  of certain provisions upon expiration thereof (Subpart A); and
   relating to a temporary stay of mortgage foreclosure  proceedings  for
   commercial or multi-family real property; and providing for the repeal
   of certain provisions upon expiration thereof (Subpart B)(Part MM); to

 S. 2508                             4                            A. 3008
 
   amend subpart H of part C of chapter 20 of the laws of 2015, appropri-
   ating  money  for certain municipal corporations and school districts,
   in relation to funding to local government  entities  from  the  urban
   development corporation (Part NN); to amend chapter 108 of the laws of
   2020, amending the public service law relating to issuing a moratorium
   on  utility termination of services during periods of pandemics and/or
   state of emergencies, in relation to making such provisions permanent;
   to amend the public service law, the public authorities  law  and  the
   general  business  law, in relation to issuing a moratorium on utility
   termination of services; and  providing  for  the  repeal  of  certain
   provisions  of  the  public service law relating thereto (Part OO); to
   amend the general obligations law, in relation to  the  discontinuance
   of  the  London interbank offered rate (Part PP); to amend the general
   business law, in relation to broadband service for low-income  consum-
   ers  (Part  QQ);  to  amend the public authorities law, in relation to
   authorizing the dormitory authority of the state of New York to  enter
   into certain loans (Part RR); to amend the New York state medical care
   facilities  finance  agency  act,  in relation to the ability to issue
   certain bonds and notes (Part SS); and to amend the economic  develop-
   ment  law and the tax law, in relation to establishing the small busi-
   ness return-to-work tax credit  program  (Subpart  A);  to  amend  the
   economic  development law and the tax law, in relation to establishing
   the restaurant return-to-work tax credit program (Subpart B);  and  to
   amend the tax law and the state finance law, in relation to establish-
   ing  the  New  York  city musical and theatrical production tax credit
   (Subpart C) (Part TT)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act enacts into law major components of legislation
 necessary to implement the state  transportation,  economic  development
 and  environmental  conservation  budget  for the 2021-2022 state fiscal
 year.  Each component is wholly contained within a  Part  identified  as
 Parts  A  through  TT.  The effective date for each particular provision
 contained within such Part is set forth in  the  last  section  of  such
 Part.  Any  provision  in any section contained within a Part, including
 the effective date of the Part, which makes a reference to a section "of
 this act", when used in connection with that particular component, shall
 be deemed to mean and refer to the corresponding section of the Part  in
 which  it  is  found.  Section  three of this act sets forth the general
 effective date of this act.
 
                                  PART A
 
   Section 1. Subdivisions (h) and (i) of section 1800 of the vehicle and
 traffic law, as amended by section 1 of part B of chapter 58 of the laws
 of 2020, are amended to read as follows:
   (h) Notwithstanding the provisions of subdivisions (b) and (c) of this
 section, a person convicted of a traffic infraction for a  violation  of
 any  ordinance, order, rule, regulation or local law adopted pursuant to
 one or more of the following provisions of this chapter: paragraphs  two
 and  nine  of  subdivision  (a)  of  section sixteen hundred twenty-one;
 subdivision three of section sixteen hundred thirty; or subdivision five
 of section seventy-one of the transportation law, prohibiting the opera-

 S. 2508                             5                            A. 3008
 
 tion on a highway or parkway of a motor vehicle registered as a  commer-
 cial  vehicle  and  having a gross vehicle weight rating of at least ten
 thousand pounds but no more than twenty-six thousand pounds shall, for a
 first  conviction thereof, be punished by a fine of not more than [three
 hundred fifty] ONE THOUSAND dollars or by imprisonment of not more  than
 fifteen  days or by both such fine and imprisonment; for a conviction of
 a second violation, both of which were  committed  within  a  period  of
 eighteen  months,  such  person  shall be punished by a fine of not more
 than [seven] ONE THOUSAND FIVE hundred dollars or  by  imprisonment  for
 not  more  than  forty-five  days or by both such fine and imprisonment;
 upon a conviction of a third or subsequent violation, all of which  were
 committed  within  a  period  of  eighteen  months, such person shall be
 punished by a fine of not more than  [one]  TWO  thousand  FIVE  HUNDRED
 dollars  or by imprisonment of not more than ninety days or by both such
 fine and imprisonment; provided, however, the provisions of this  subdi-
 vision  shall  not  apply  to a commercial motor vehicle as such term is
 defined in paragraph (a) of subdivision four  of  section  five  hundred
 one-a of this chapter.
   (i) Notwithstanding the provisions of subdivisions (b) and (c) of this
 section,  a  person convicted of a traffic infraction for a violation of
 any ordinance, order, rule, regulation or local law adopted pursuant  to
 one  or more of the following provisions of this chapter: paragraphs two
 and nine of subdivision  (a)  of  section  sixteen  hundred  twenty-one;
 subdivision three of section sixteen hundred thirty; or subdivision five
 of section seventy-one of the transportation law, prohibiting the opera-
 tion on a highway or parkway of a commercial motor vehicle as defined in
 paragraph  (a) of subdivision four of section five hundred one-a of this
 chapter, for a first conviction thereof, be punished by a  fine  of  not
 more  than  [seven  hundred] FIVE THOUSAND dollars or by imprisonment of
 not more than fifteen days or by both such fine and imprisonment; for  a
 conviction  of a second violation, both of which were committed within a
 period of eighteen months, such person shall be punished by  a  fine  of
 not  more than [one] SEVEN thousand five hundred dollars or by imprison-
 ment for not more than forty-five days or by both such fine  and  impri-
 sonment;  upon  a  conviction of a third or subsequent violation, all of
 which were committed within a period of  eighteen  months,  such  person
 shall  be punished by a fine of not more than [two] TEN thousand dollars
 or by imprisonment of not more than ninety days or by both such fine and
 imprisonment. IN ADDITION TO THE PENALTIES PROVIDED FOR IN THIS SUBDIVI-
 SION, THE REGISTRATION OF THE VEHICLE MAY BE SUSPENDED FOR A PERIOD  NOT
 TO  EXCEED ONE YEAR WHETHER AT THE TIME OF THE VIOLATION THE VEHICLE WAS
 IN CHARGE OF THE OWNER OR HIS AGENT.   THE PROVISIONS  OF  SECTION  FIVE
 HUNDRED  TEN  OF  THIS  CHAPTER SHALL APPLY TO SUCH SUSPENSION EXCEPT AS
 OTHERWISE PROVIDED HEREIN.
   § 2. Subdivision 18-a of section 385 of the vehicle and  traffic  law,
 as  added  by  section 2 of part B of chapter 58 of the laws of 2020, is
 amended to read as follows:
   18-a. A violation of the provisions of [subdivisions] SUBDIVISION  two
 or  fourteen  of this section, where the violation relates to the height
 of the vehicle, including a violation related to the operation, within a
 city not wholly included within one county, of a vehicle  which  exceeds
 the  limitations  provided  for in the rules and regulations of the city
 department of transportation of such city, shall be punishable by a fine
 of not more than [one] FIVE thousand dollars, or by imprisonment for not
 more than thirty days, or by both such fine and  imprisonment,  for  the
 first  offense;  by  a  fine  of not more than [two] SEVEN thousand FIVE

 S. 2508                             6                            A. 3008

 HUNDRED dollars, or by imprisonment for not more than sixty days, or  by
 both  such  fine and imprisonment, for the second or subsequent offense;
 provided that a sentence or execution thereof for  any  violation  under
 this  subdivision  may  not  be  suspended.    For  any violation of the
 provisions of [subdivisions] SUBDIVISION two or fourteen of this section
 where the violation relates to the height of the  vehicle,  including  a
 violation  related  to  the operation, within a city not wholly included
 within one county, of a vehicle which exceeds the  limitations  provided
 for  in  the rules and regulations of the city department of transporta-
 tion of such city, the registration of the vehicle may be suspended  for
 a period not to exceed one year whether at the time of the violation the
 vehicle  was  in  charge  of  the  owner or his agent. The provisions of
 section five hundred ten of this chapter shall apply to such  suspension
 except as otherwise provided herein.
   §  3. Subdivision 54 of section 375 of the vehicle and traffic law, as
 added by chapter 11 of the laws of 2020, is amended to read as follows:
   54. Stretch limousine AND COMMERCIAL MOTOR VEHICLE commercial GPS. (a)
 Every stretch limousine AND COMMERCIAL MOTOR VEHICLE registered in  this
 state  shall be equipped with commercial global positioning system (GPS)
 technology within no later than one year of  the  date  upon  which  the
 national  highway  traffic safety administration promulgates final regu-
 lations establishing standards for commercial GPS.
   (b) It shall be unlawful to operate or cause to be operated a  stretch
 limousine  OR  COMMERCIAL  MOTOR VEHICLE registered in this state on any
 public highway or private road open  to  public  motor  vehicle  traffic
 unless  such  stretch  limousine OR COMMERCIAL MOTOR VEHICLE is equipped
 with commercial global positioning system (GPS) technology  as  required
 by  this subdivision and such commercial global positioning system (GPS)
 technology is used. The presence in such stretch limousine OR COMMERCIAL
 MOTOR VEHICLE of commercial global positioning system  (GPS)  technology
 connected  to a power source and in an operable condition is presumptive
 evidence of its use by any person operating such  stretch  limousine  OR
 COMMERCIAL MOTOR VEHICLE. Such presumption may be rebutted by any credi-
 ble  and  reliable  evidence  which  tends  to show that such commercial
 global positioning system (GPS) technology was not in use.
   (c) For the purposes of this subdivision:
   (i) "Stretch limousine" shall mean an altered motor vehicle  having  a
 seating  capacity  of  nine  or  more  passengers, including the driver,
 commonly referred to as a "stretch limousine" and which is used  in  the
 business of transporting passengers for compensation; [and]
   (ii) "COMMERCIAL MOTOR VEHICLE" SHALL MEAN A MOTOR VEHICLE OR COMBINA-
 TION  OF  VEHICLES HAVING A GROSS COMBINATION WEIGHT RATING OF MORE THAN
 TEN THOUSAND POUNDS USED IN COMMERCE TO TRANSPORT  PROPERTY  OR  PERSONS
 AND  SHALL  INCLUDE A TOW TRUCK WITH A GROSS VEHICLE WEIGHT RATING OF AT
 LEAST EIGHTY-SIX HUNDRED POUNDS; AND
   (III) "Commercial global positioning system  (GPS)  technology"  shall
 mean  global  positioning system (GPS) technology which has been specif-
 ically designed to assist in the navigation of  commercial  motor  vehi-
 cles.
   §  4.  The  vehicle and traffic law is amended by adding a new section
 509-vv to read as follows:
   § 509-VV.  THE USE OF NON-COMMERCIAL GLOBAL POSITIONING SYSTEMS.   ONE
 YEAR  FOLLOWING  THE DATE UPON WHICH THE NATIONAL HIGHWAY TRAFFIC SAFETY
 ADMINISTRATION PROMULGATES FINAL REGULATIONS ESTABLISHING STANDARDS  FOR
 COMMERCIAL  GLOBAL  POSITIONING SYSTEMS (GPS), THE USE OF NON-COMMERCIAL
 GLOBAL POSITIONING SYSTEMS (GPS) BY ANY COMMERCIAL DRIVER OR  COMMERCIAL

 S. 2508                             7                            A. 3008
 
 MOTOR CARRIER, WHILE ENGAGED IN THE OPERATION OR DIRECTING THE OPERATION
 OF ANY COMMERCIAL VEHICLE, IS PROHIBITED.  FOR PURPOSES OF THIS SECTION,
 NON-COMMERCIAL  GLOBAL  POSITIONING  SYSTEM  (GPS) SHALL MEAN ANY GLOBAL
 POSITIONING  TECHNOLOGY  WHICH  HAS  NOT  BEEN  SPECIFICALLY DESIGNED TO
 ASSIST IN THE NAVIGATION OF COMMERCIAL VEHICLES.
   § 5. The vehicle and traffic law is amended by adding  a  new  section
 509-vvv to read as follows:
   §  509-VVV. PARKWAYS NOTIFICATION. COMMERCIAL CARRIERS MUST NOTIFY, IN
 WRITING, ALL COMMERCIAL DRIVERS  IN  THEIR  EMPLOY  OF  THE  PROHIBITION
 AGAINST OPERATING COMMERCIAL MOTOR VEHICLES ON PARKWAYS.
   §  6.  The  vehicle and traffic law is amended by adding a new section
 509-ii to read as follows:
   § 509-II.  THE USE OF NON-COMMERCIAL GLOBAL POSITIONING SYSTEMS.   ONE
 YEAR  FOLLOWING  THE DATE UPON WHICH THE NATIONAL HIGHWAY TRAFFIC SAFETY
 ADMINISTRATION PROMULGATES FINAL REGULATIONS ESTABLISHING STANDARDS  FOR
 COMMERCIAL  GLOBAL  POSITIONING SYSTEMS (GPS), THE USE OF NON-COMMERCIAL
 GLOBAL POSITIONING SYSTEMS (GPS) BY ANY BUS  DRIVER  OR  MOTOR  CARRIER,
 WHILE ENGAGED IN THE OPERATION OR DIRECTING THE OPERATION OF ANY BUS, IS
 PROHIBITED.    FOR PURPOSES OF THIS SECTION, NON-COMMERCIAL GLOBAL POSI-
 TIONING SYSTEM (GPS) SHALL MEAN ANY GLOBAL POSITIONING TECHNOLOGY  WHICH
 HAS  NOT  BEEN  SPECIFICALLY  DESIGNED  TO  ASSIST  IN THE NAVIGATION OF
 COMMERCIAL VEHICLES.
   § 7. The vehicle and traffic law is amended by adding  a  new  section
 509-iii to read as follows:
   § 509-III. PARKWAYS NOTIFICATION. MOTOR CARRIERS MUST NOTIFY, IN WRIT-
 ING,  ALL BUS DRIVERS IN THEIR EMPLOY OF THE PROHIBITION AGAINST OPERAT-
 ING COMMERCIAL MOTOR VEHICLES ON PARKWAYS.
   § 8. The general business law is amended by adding a new section  396-
 zz to read as follows:
   §  396-ZZ.  COMMERCIAL VEHICLE OWNER NOTIFICATIONS OF PARKWAY PROHIBI-
 TIONS. (A) ALL RENTAL VEHICLE COMPANIES, AS  DEFINED  IN  SECTION  THREE
 HUNDRED NINETY-SIX-Z OF THIS ARTICLE, MUST NOTIFY IN WRITING ALL AUTHOR-
 IZED   DRIVERS   OR   RENTERS,  AS  DEFINED  IN  SECTION  THREE  HUNDRED
 NINETY-SIX-Z OF THIS ARTICLE,  OF  THE  PROHIBITION  AGAINST  COMMERCIAL
 MOTOR  VEHICLES  OPERATING  ON  PARKWAYS  FOR  ANY  RENTALS OR LEASES OF
 COMMERCIAL MOTOR VEHICLES. FOR  PURPOSES  OF  THIS  SECTION  "COMMERCIAL
 MOTOR  VEHICLE"  SHALL  MEAN  A MOTOR VEHICLE OR COMBINATION OF VEHICLES
 HAVING A GROSS COMBINATION WEIGHT  RATING  OF  MORE  THAN  TEN  THOUSAND
 POUNDS  USED  TO  TRANSPORT  PROPERTY OR PERSONS AND SHALL INCLUDE A TOW
 TRUCK WITH A GROSS VEHICLE WEIGHT RATING OF AT LEAST EIGHTY-SIX  HUNDRED
 POUNDS.
   (B)  A  CONVICTION FOR A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE
 BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS.
   § 9. Severability. If any clause,  sentence,  subdivision,  paragraph,
 section or part of this act be adjudged by any court of competent juris-
 diction  to  be  invalid, or if any federal agency determines in writing
 that this act would render New York state ineligible for the receipt  of
 federal  funds, such judgment or written determination shall not affect,
 impair or invalidate the remainder thereof, but shall be confined in its
 operation to the clause, sentence, subdivision,  paragraph,  section  or
 part thereof directly involved in the controversy in which such judgment
 or written determination shall have been rendered.
   §  10.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law; provided, however, that this act shall
 be deemed repealed if any federal agency determines in writing that this
 act would render New York state ineligible for the  receipt  of  federal

 S. 2508                             8                            A. 3008
 
 funds  or  any  court  of competent jurisdiction finally determines that
 this act would render New York state out of compliance with federal  law
 or  regulation;  and  provided further that for sections four and six of
 this  act,  the commissioner of transportation shall notify the legisla-
 tive bill drafting commission upon the occurrence of the  provisions  of
 sections  four  and  six  of  this act, in order that the commission may
 maintain an accurate and timely effective data base of the official text
 of the laws of the state of New York in furtherance of effectuating  the
 provisions  of section 44 of the legislative law and section 70-b of the
 public officers law.   Effective immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  sections  four and six of this act on its effective date are author-
 ized to be made and completed on or before such effective date.
 
                                  PART B

   Section 1. This act enacts into law components  of  legislation  which
 are  necessary to implement legislation relating to the safety of trans-
 portation workers, pedestrians, and the traveling public. Each component
 is wholly contained within a Subpart identified as Subparts A through D.
 The effective date for each particular provision contained  within  such
 Subpart  is set forth in the last section of such Subpart. Any provision
 in any section contained within a Subpart, including the effective  date
 of the Subpart, which makes a reference to a section "of this act", when
 used  in  connection  with that particular component, shall be deemed to
 mean and refer to the corresponding section of the Subpart in  which  it
 is  found.  Section  three  of this act sets forth the general effective
 date of this act.
 
                                 SUBPART A

   Section 1. Subdivisions 3 and 11 of section 120.05 of the  penal  law,
 subdivision  3 as amended by chapter 267 of the laws of 2016, and subdi-
 vision 11 as separately amended by chapters 268 and 281 of the  laws  of
 2016, are amended to read as follows:
   3.  With intent to prevent a peace officer, a police officer, prosecu-
 tor as defined in subdivision thirty-one of section 1.20 of the criminal
 procedure law, registered nurse, licensed practical nurse, public health
 sanitarian, New York city public health sanitarian, sanitation  enforce-
 ment  agent, New York city sanitation worker, a firefighter, including a
 firefighter acting as a paramedic or emergency medical technician admin-
 istering first aid in the course of performance of duty  as  such  fire-
 fighter,  an  emergency  medical  service paramedic or emergency medical
 service technician, or medical or related personnel in a hospital  emer-
 gency  department,  a  city  marshal,  a school crossing guard appointed
 pursuant to section two hundred eight-a of the general municipal law,  a
 traffic enforcement officer, traffic enforcement agent, A HIGHWAY WORKER
 AS  DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC
 LAW, A MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED
 IN SECTION ONE HUNDRED  EIGHTEEN-B  OF  THE  VEHICLE  AND  TRAFFIC  LAW,
 EMPLOYEE  OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A COUNTY
 CLERK PERFORMING MOTOR VEHICLE TRANSACTIONS ON BEHALF  OF  SUCH  DEPART-
 MENT,  or  employee  of any entity governed by the public service law in
 the course of performing an essential service, from performing a  lawful
 duty, by means including releasing or failing to control an animal under
 circumstances  evincing  the actor's intent that the animal obstruct the

 S. 2508                             9                            A. 3008
 
 lawful activity of such peace officer,  police  officer,  prosecutor  as
 defined in subdivision thirty-one of section 1.20 of the criminal proce-
 dure  law,  registered  nurse,  licensed  practical nurse, public health
 sanitarian,  New York city public health sanitarian, sanitation enforce-
 ment agent, New York city  sanitation  worker,  firefighter,  paramedic,
 technician,  city  marshal,  school crossing guard appointed pursuant to
 section two hundred  eight-a  of  the  general  municipal  law,  traffic
 enforcement  officer,  traffic  enforcement  agent,  HIGHWAY  WORKER  AS
 DEFINED BY SECTION ONE HUNDRED EIGHTEEN-A OF  THE  VEHICLE  AND  TRAFFIC
 LAW,  MOTOR  VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED
 IN SECTION ONE HUNDRED  EIGHTEEN-B  OF  THE  VEHICLE  AND  TRAFFIC  LAW,
 EMPLOYEE  OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A COUNTY
 CLERK PERFORMING MOTOR VEHICLE TRANSACTIONS ON BEHALF  OF  SUCH  DEPART-
 MENT, or employee of an entity governed by the public service law, he or
 she causes physical injury to such peace officer, police officer, prose-
 cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
 nal  procedure  law,  registered nurse, licensed practical nurse, public
 health sanitarian, New York city public  health  sanitarian,  sanitation
 enforcement   agent,  New  York  city  sanitation  worker,  firefighter,
 paramedic, technician or medical or  related  personnel  in  a  hospital
 emergency  department,  city  marshal,  school  crossing  guard, traffic
 enforcement  officer,  traffic  enforcement  agent,  HIGHWAY  WORKER  AS
 DEFINED  BY  SECTION  EIGHTEEN-A  OF  THE VEHICLE AND TRAFFIC LAW, MOTOR
 VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED  IN  SECTION
 ONE  HUNDRED  EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE
 NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING
 MOTOR VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPARTMENT, or employee  of
 an entity governed by the public service law; or
   11.  With  intent to cause physical injury to a train operator, ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner or terminal cleaner employed by any transit agency, authority or
 company, public or private, whose operation is authorized  by  New  York
 state  or  any  of  its political subdivisions, a city marshal, a school
 crossing guard appointed pursuant to section two hundred eight-a of  the
 general  municipal  law, a traffic enforcement officer, traffic enforce-
 ment agent, A HIGHWAY WORKER AS DEFINED IN  SECTION  ONE  HUNDRED  EIGH-
 TEEN-A  OF  THE  VEHICLE  AND TRAFFIC LAW, A MOTOR VEHICLE INSPECTOR AND
 MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED  EIGHTEEN-B
 OF  THE  VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPART-
 MENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANS-
 ACTIONS ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined in  subdivi-
 sion   thirty-one  of  section  1.20  of  the  criminal  procedure  law,
 sanitation enforcement agent, New York city  sanitation  worker,  public
 health  sanitarian,  New  York city public health sanitarian, registered
 nurse, licensed practical nurse, emergency medical service paramedic, or
 emergency medical service technician, he or she causes  physical  injury
 to  such  train operator, ticket inspector, conductor, signalperson, bus
 operator, station agent,  station  cleaner  or  terminal  cleaner,  city
 marshal, school crossing guard appointed pursuant to section two hundred
 eight-a of the general municipal law, traffic enforcement officer, traf-
 fic  enforcement agent, HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED
 EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE  INSPECTOR  AND
 MOTOR  CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B
 OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK  STATE  DEPART-
 MENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANS-
 ACTIONS  ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined in subdivi-

 S. 2508                            10                            A. 3008
 
 sion  thirty-one  of  section  1.20  of  the  criminal  procedure   law,
 registered  nurse,  licensed  practical nurse, public health sanitarian,
 New York city public health sanitarian,  sanitation  enforcement  agent,
 New York city sanitation worker, emergency medical service paramedic, or
 emergency  medical service technician, while such employee is performing
 an assigned duty on, or directly related to, the operation of a train or
 bus, including the cleaning of a train or bus station  or  terminal,  or
 such  city  marshal, school crossing guard, traffic enforcement officer,
 traffic enforcement agent, HIGHWAY WORKER  AS  DEFINED  BY  SECTION  ONE
 HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPEC-
 TOR  AND  MOTOR  CARRIER  INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED
 EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW,  EMPLOYEE  OF  THE  NEW  YORK
 STATE  DEPARTMENT  OF  MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR
 VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined
 in subdivision thirty-one of section 1.20 of the criminal procedure law,
 registered nurse, licensed practical nurse,  public  health  sanitarian,
 New  York  city  public health sanitarian, sanitation enforcement agent,
 New York city sanitation worker, emergency medical service paramedic, or
 emergency medical service technician is performing an assigned duty; or
   § 2. The penal law is amended by adding a new section 120.19  to  read
 as follows:
 § 120.19 MENACING A HIGHWAY WORKER.
   A  PERSON IS GUILTY OF MENACING A HIGHWAY WORKER WHEN HE OR SHE INTEN-
 TIONALLY PLACES OR ATTEMPTS TO PLACE A HIGHWAY WORKER IN REASONABLE FEAR
 OF DEATH, IMMINENT SERIOUS  PHYSICAL  INJURY  OR  PHYSICAL  INJURY.  FOR
 PURPOSES  OF  THIS SECTION, A HIGHWAY WORKER SHALL HAVE THE SAME MEANING
 AS DEFINED BY SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND  TRAFFIC
 LAW.
   MENACING A HIGHWAY WORKER IS A CLASS E FELONY.
   § 3. The vehicle and traffic law is amended by adding two new sections
 118-a and 118-b to read as follows:
   §  118-A.  HIGHWAY  WORKER. ANY PERSON EMPLOYED BY OR ON BEHALF OF THE
 STATE, A COUNTY, CITY, TOWN OR VILLAGE,  A  PUBLIC  AUTHORITY,  A  LOCAL
 AUTHORITY,  OR  A  PUBLIC UTILITY COMPANY, OR THE AGENT OR CONTRACTOR OF
 ANY SUCH ENTITY, WHO HAS BEEN ASSIGNED TO PERFORM  WORK  ON  A  HIGHWAY,
 INCLUDING  MAINTENANCE,  REPAIR,  FLAGGING,  UTILITY WORK, CONSTRUCTION,
 RECONSTRUCTION OR OPERATION OF EQUIPMENT ON PUBLIC  HIGHWAY  INFRASTRUC-
 TURE  AND ASSOCIATED RIGHTS-OF-WAY IN HIGHWAY WORK AREAS, AND SHALL ALSO
 INCLUDE ANY FLAGPERSON AS DEFINED IN SECTION ONE  HUNDRED  FIFTEEN-B  OF
 THIS ARTICLE.
   §  118-B.  MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR. ANY
 PERSON EMPLOYED BY THE NEW YORK STATE DEPARTMENT OF  TRANSPORTATION  WHO
 HAS BEEN ASSIGNED TO PERFORM INSPECTIONS OF ANY MOTOR VEHICLES OR INVES-
 TIGATION  OF  ANY CARRIERS REGULATED BY THE COMMISSIONER OF THE NEW YORK
 STATE DEPARTMENT OF TRANSPORTATION.
   § 4. Subparagraphs (xii) and (xiii) of paragraph a of subdivision 2 of
 section 510 of the vehicle and traffic law, as added  by  section  1  of
 part  B  of  chapter  55  of  the  laws  of 2014, are amended to read as
 follows:
   (xii) of a second or subsequent conviction of a violation  of  section
 twelve  hundred twenty-five-c or section twelve hundred twenty-five-d of
 this chapter committed where such person is the holder of a probationary
 license, as defined in subdivision four of section five hundred  one  of
 this  title,  at  the  time of the commission of such violation and such
 second or subsequent violation was committed within six months following
 the restoration or issuance of such probationary license; [or]

 S. 2508                            11                            A. 3008
 
   (xiii) of a second or subsequent conviction of a violation of  section
 twelve  hundred twenty-five-c or section twelve hundred twenty-five-d of
 this chapter committed where such person is the holder of a class DJ  or
 MJ  learner's  permit  or  a  class  DJ or MJ license at the time of the
 commission of such violation and such second or subsequent violation was
 committed  within six months following the restoration of such permit or
 license; OR
   (XIV) OF MENACING A HIGHWAY WORKER, OR MENACING IN THE  FIRST,  SECOND
 OR  THIRD  DEGREE, AS DEFINED IN ARTICLE ONE HUNDRED TWENTY OF THE PENAL
 LAW, WHERE SUCH OFFENSE WAS COMMITTED AGAINST A HIGHWAY WORKER.
   § 5. The vehicle and traffic law is amended by adding  a  new  section
 1221-a to read as follows:
   §  1221-A. INTRUSION INTO AN ACTIVE WORK ZONE. 1. NO DRIVER OF A VEHI-
 CLE SHALL ENTER OR INTRUDE INTO AN ACTIVE WORK ZONE EXCEPT  UPON  DIREC-
 TION  FROM  A  FLAGPERSON,  POLICE  OFFICER, OR OTHER VISIBLY DESIGNATED
 PERSON IN CHARGE OF TRAFFIC CONTROL OR UPON  DIRECTION  FROM  A  TRAFFIC
 CONTROL  DEVICE  REGULATING ENTRY THEREIN. FOR PURPOSES OF THIS SECTION,
 THE TERM "ACTIVE WORK ZONE" SHALL MEAN THE PHYSICAL AREA OF  A  HIGHWAY,
 STREET,  OR  PRIVATE ROAD ON WHICH CONSTRUCTION, MAINTENANCE, OR UTILITY
 WORK IS BEING CONDUCTED, WHICH  AREA  IS  MARKED  BY  SIGNS,  CHANNELING
 DEVICES,  BARRIERS, PAVEMENT MARKINGS, OR WORK VEHICLES, AND WHERE WORK-
 ERS ARE PHYSICALLY PRESENT.
   2. A VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL  CONSTITUTE  A
 CLASS  B  MISDEMEANOR  PUNISHABLE BY A FINE OF NOT LESS THAN TWO HUNDRED
 FIFTY DOLLARS, NOR MORE THAN FIVE HUNDRED DOLLARS  OR  BY  A  PERIOD  OF
 IMPRISONMENT NOT TO EXCEED THREE MONTHS, OR BY BOTH SUCH FINE AND IMPRI-
 SONMENT.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                 SUBPART B
 
   Section  1.  Section  600 of the vehicle and traffic law is amended by
 adding a new subdivision 4 to read as follows:
   4. ANY PERSON OPERATING A MOTOR VEHICLE INVOLVED IN  AN  ACCIDENT  NOT
 INVOLVING  PERSONAL INJURY OR DEATH WHO MOVES SUCH VEHICLE TO A LOCATION
 OFF THE ROADWAY BUT AS NEAR AS POSSIBLE TO THE PLACE  WHERE  THE  DAMAGE
 OCCURRED,  SO  AS NOT TO OBSTRUCT THE REGULAR FLOW OF TRAFFIC, SHALL NOT
 BE CONSTRUED TO BE IN VIOLATION  OF  SUBDIVISION  ONE  OF  THIS  SECTION
 BECAUSE OF SUCH MOVEMENT.
   §  2.  Subdivision  2  of section 15 of the highway law, as amended by
 chapter 1110 of the laws of 1971, is amended to read as follows:
   2. The commissioner [of transportation],  A  POLICE  OFFICER,  OR  ANY
 PERSON  ACTING  AT THE DIRECTION OF THE COMMISSIONER OR A POLICE OFFICER
 shall have the power to cause the immediate removal, from the  right  of
 way  of  any  state  highway,  of  any  vehicle,  CARGO, OR DEBRIS which
 obstructs or interferes with the use of such a highway for public  trav-
 el;  or  which  obstructs  or  interferes  with the construction, recon-
 struction or maintenance of such a highway; or which obstructs or inter-
 feres with the clearing or removal of snow or ice from such  a  highway;
 or which obstructs or interferes with any operation of the department of
 transportation during a public emergency.  THE COMMISSIONER, OR A POLICE
 OFFICER,  OR ANY PERSON ACTING AT THE DIRECTION OF THE COMMISSIONER OR A
 POLICE OFFICER, SHALL NOT BE LIABLE FOR  ANY  DAMAGE  TO  SUCH  VEHICLE,
 CARGO,  OR  DEBRIS, UNLESS SUCH REMOVAL WAS CARRIED OUT IN A RECKLESS OR
 GROSSLY NEGLIGENT MANNER.

 S. 2508                            12                            A. 3008
 
   § 3. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section 1. Paragraph 1 of subdivision (b) of section 1146 of the vehi-
 cle  and  traffic law, as amended by chapter 333 of the laws of 2010, is
 amended to read as follows:
   1. A driver of a motor vehicle who causes physical injury  as  defined
 in article ten of the penal law to a pedestrian or bicyclist while fail-
 ing  to  exercise  due  care  in  violation  of  subdivision (a) of this
 section, shall be guilty of a traffic infraction punishable by a fine of
 not more than [five hundred] ONE THOUSAND dollars or by imprisonment for
 not more than fifteen days or by both such fine and imprisonment.
   § 2. Paragraph 1 of subdivision (c) of section 1146 of the vehicle and
 traffic law, as amended by chapter 333 of the laws of 2010,  is  amended
 to read as follows:
   1.  A  driver of a motor vehicle who causes serious physical injury as
 defined in article ten of the penal law to  a  pedestrian  or  bicyclist
 while  failing  to  exercise due care in violation of subdivision (a) of
 this section, shall be guilty of a traffic infraction  punishable  by  a
 fine  of  not  more than [seven hundred fifty] ONE THOUSAND FIVE HUNDRED
 dollars or by imprisonment for not more than fifteen days or by required
 participation in a motor vehicle accident prevention course pursuant  to
 paragraph  (e-1) of subdivision two of section 65.10 of the penal law or
 by any combination of such fine, imprisonment or course, and by  suspen-
 sion of a license or registration pursuant to subparagraph (xiv) or (xv)
 of  paragraph  b  of subdivision two of section five hundred ten of this
 chapter.
   § 3. Subdivision (d) of section 1146 of the vehicle and  traffic  law,
 as  amended  by  chapter  333 of the laws of 2010, is amended to read as
 follows:
   (d) A violation of subdivision (b) or (c) of this section committed by
 a person who has previously been convicted  of  any  violation  of  such
 subdivisions within the preceding five years, shall constitute a class B
 misdemeanor  punishable  by  a  fine of not more than [one] TWO thousand
 dollars in addition to any other penalties provided by law.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                 SUBPART D
 
   Section 1.  The vehicle and traffic law is amended  by  adding  a  new
 section 1221-a to read as follows:
   § 1221-A. WORK ZONE SAFETY AND OUTREACH. THE GOVERNOR'S TRAFFIC SAFETY
 COMMITTEE,  UPON  CONSULTATION  WITH THE COMMISSIONER OF TRANSPORTATION,
 THE SUPERINTENDENT OF STATE POLICE, THE COMMISSIONER OF MOTOR  VEHICLES,
 THE CHAIRMAN OF THE NEW YORK STATE THRUWAY AUTHORITY, LOCAL LAW ENFORCE-
 MENT  AGENCIES,  AND REPRESENTATIVES FOR CONTRACTORS AND LABORERS, SHALL
 DESIGN AND IMPLEMENT A PUBLIC EDUCATION AND OUTREACH PROGRAM TO INCREASE
 MOTORIST AWARENESS OF THE IMPORTANCE OF HIGHWAY  WORK  ZONE  SAFETY,  TO
 REDUCE  THE NUMBER OF WORK ZONE INCIDENTS, INCLUDING SPEEDING, UNAUTHOR-
 IZED INTRUSIONS INTO WORK ZONES, AND ANY CONDUCT RESULTING IN THREATS OR
 INJURIES TO HIGHWAY WORKERS, AND TO INCREASE AND PROMOTE WORK ZONE SAFE-
 TY.
   § 2.  This act shall take effect immediately.

 S. 2508                            13                            A. 3008
 
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section, subpart or part of this act shall be adjudged by a  court
 of competent jurisdiction to be invalid, such judgment shall not affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its  operation to the clause, sentence, paragraph, subdivision, section,
 subpart or part thereof directly involved in the  controversy  in  which
 such  judgment shall have been rendered. It is hereby declared to be the
 intent of the legislature that this act would have been enacted even  if
 such invalid provisions had not been included herein.
   §  3.  This act shall take effect immediately, provided, however, that
 the applicable effective date of Subparts A through D of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART C
 
   Section 1. Subdivision 1 of section 359 of the public authorities law,
 as amended by section 6 of part TT of chapter 54 of the laws of 2016, is
 amended to read as follows:
   1.  On assuming jurisdiction of a thruway section or connection or any
 part thereof, or of a highway connection, the  authority  shall  proceed
 with  the  construction, reconstruction or improvement thereof. All such
 work shall be done pursuant to a contract or contracts  which  shall  be
 let  to  the  lowest  responsible  bidder,  by sealed proposals publicly
 opened, OR BY ELECTRONICALLY SECURE PROPOSAL SUBMISSION AS PERMITTED  BY
 THE  AUTHORITY  AND  ELECTRONICALLY POSTED FOR PUBLIC VIEW, after public
 advertisement and upon such terms and conditions as the authority  shall
 require;  provided,  however,  that the authority may reject any and all
 proposals and may advertise for new proposals, as herein provided, if in
 its opinion, the  best  interests  of  the  authority  will  thereby  be
 promoted; provided further, however, that at the request of the authori-
 ty,  all  or  any  portion  of  such work, together with any engineering
 required by the authority in connection therewith, shall be performed by
 the commissioner and his subordinates in the department  of  transporta-
 tion as agents for, and at the expense of, the authority.
   § 2. This act shall take effect immediately.
 
                                  PART D

   Section  1. Section 359-a of the public authorities law, as amended by
 section 7 of part TT of chapter 54 of the laws of 2016,  is  amended  to
 read as follows:
   §  359-a.  Procurement  contracts. For the purposes of section twenty-
 eight hundred seventy-nine of this chapter as applied to the  authority,
 the term "procurement contract" shall mean any written agreement for the
 acquisition  of  goods  or  services of any kind by the authority in the
 actual or estimated amount of [fifteen] FIFTY thousand dollars or more.
   § 2. This act shall take effect immediately.
 
                                  PART E
 
   Section 1. Subdivision 3 of section 165.15 of the penal law is amended
 to read as follows:
   3. With intent to obtain railroad, subway, bus, air, taxi or any other
 public transportation service OR TO USE ANY TOLL HIGHWAY, PARKWAY, ROAD,
 BRIDGE OR TUNNEL OR TO ENTER OR REMAIN IN THE  TOLLED  CENTRAL  BUSINESS
 DISTRICT  DESCRIBED IN SECTION SEVENTEEN HUNDRED FOUR OF THE VEHICLE AND

 S. 2508                            14                            A. 3008
 
 TRAFFIC LAW without payment of the lawful charge OR TOLL therefor, or to
 avoid payment of the lawful  charge  OR  TOLL  for  such  transportation
 service  which  has  been  rendered to him OR HER OR FOR SUCH USE OF ANY
 TOLL  HIGHWAY,  PARKWAY,  ROAD, BRIDGE OR TUNNEL OR FOR SUCH ENTERING OR
 REMAINING IN SUCH TOLLED CENTRAL BUSINESS DISTRICT, he OR SHE obtains or
 attempts to obtain such service or TO USE  ANY  TOLL  HIGHWAY,  PARKWAY,
 ROAD,  BRIDGE  OR TUNNEL OR TO ENTER OR REMAIN IN A TOLLED CENTRAL BUSI-
 NESS DISTRICT OR avoids or attempts to avoid payment therefor by  force,
 intimidation, stealth, deception or mechanical tampering, or by unjusti-
 fiable failure or refusal to pay; or
   §  2. Paragraph (b) of subdivision 1 of section 402 of the vehicle and
 traffic law, as amended by chapter 109 of the laws of 2005,  is  amended
 and a new paragraph (c) is added to read as follows:
   (b)  Number  plates shall be kept clean and in a condition so as to be
 easily readable and shall not be covered by glass or any plastic materi-
 al, and shall not be knowingly covered or coated with any artificial  or
 synthetic  material  or  substance that conceals or obscures such number
 plates or that distorts a recorded or photographic image of such  number
 plates,  and  the  view of such number plates shall not be obstructed by
 any part of the vehicle or by anything carried thereon[,  except  for  a
 receiver-transmitter  issued  by  a  publicly  owned tolling facility in
 connection with electronic toll collection when such  receiver-transmit-
 ter  is affixed to the exterior of a vehicle in accordance with mounting
 instructions provided by the tolling facility].
   (C) IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPERATE, DRIVE  OR  PARK  A
 MOTOR  VEHICLE ON A TOLL HIGHWAY, BRIDGE AND/OR TUNNEL FACILITY OR ENTER
 OR REMAIN IN THE TOLLED CENTRAL BUSINESS DISTRICT DESCRIBED  IN  SECTION
 SEVENTEEN  HUNDRED  FOUR  OF THIS CHAPTER, UNDER THE JURISDICTION OF THE
 TOLLING AUTHORITY, IF SUCH NUMBER PLATE  IS  NOT  EASILY  READABLE,  NOR
 SHALL  ANY NUMBER PLATE BE COVERED BY GLASS OR ANY PLASTIC MATERIAL, AND
 SHALL NOT BE KNOWINGLY COVERED OR COATED WITH ANY ARTIFICIAL OR SYNTHET-
 IC MATERIAL OR SUBSTANCE THAT CONCEALS OR OBSCURES SUCH  NUMBER  PLATES,
 OR THAT DISTORTS A RECORDED OR PHOTOGRAPHIC IMAGE OF SUCH NUMBER PLATES,
 AND  THE  VIEW OF SUCH NUMBER PLATES SHALL NOT BE OBSTRUCTED BY ANY PART
 OF THE VEHICLE OR BY ANYTHING CARRIED THEREON, EXCEPT  FOR  A  RECEIVER-
 TRANSMITTER  ISSUED  BY A PUBLICLY OWNED TOLLING AUTHORITY IN CONNECTION
 WITH  ELECTRONIC  TOLL  COLLECTION  WHEN  SUCH  RECEIVER-TRANSMITTER  IS
 AFFIXED  TO  THE  EXTERIOR  OF  A  VEHICLE  IN  ACCORDANCE WITH MOUNTING
 INSTRUCTIONS PROVIDED BY THE TOLLING AUTHORITY.   FOR PURPOSES  OF  THIS
 PARAGRAPH,  "TOLLING  AUTHORITY" SHALL MEAN EVERY PUBLIC AUTHORITY WHICH
 OPERATES A TOLL HIGHWAY, BRIDGE AND/OR  TUNNEL  OR  A  CENTRAL  BUSINESS
 DISTRICT  TOLLING  PROGRAM AS WELL AS THE PORT AUTHORITY OF NEW YORK AND
 NEW JERSEY, A BI-STATE AGENCY CREATED BY COMPACT SET  FORTH  IN  CHAPTER
 ONE  HUNDRED  FIFTY-FOUR  OF THE LAWS OF NINETEEN HUNDRED TWENTY-ONE, AS
 AMENDED.
   § 3. Subdivision 8 of section 402 of the vehicle and traffic  law,  as
 amended  by  chapter 61 of the laws of 1989 and as renumbered by chapter
 648 of the laws of 2006, is amended to read as follows:
   8. The violation of this section shall be punishable by a fine of  not
 less  than  twenty-five  nor  more  than  two hundred dollars EXCEPT FOR
 VIOLATIONS OF PARAGRAPH (C) OF SUBDIVISION ONE  OF  THIS  SECTION  WHICH
 SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED NOR MORE THAN
 FIVE HUNDRED DOLLARS.
   §  4.   This act shall take effect on the ninetieth day after it shall
 have become a law.

 S. 2508                            15                            A. 3008
 
                                  PART F
 
   Section  1.  Subdivisions  1,  2, 3, 4, 5 and 6 of section 1209 of the
 public authorities law are REPEALED.
   § 2. Paragraphs (a) and (b) of subdivision 7 of section  1209  of  the
 public authorities law, as amended by section 3 of subpart C of part ZZZ
 of chapter 59 of the laws of 2019, are amended to read as follows:
   (a)  Except  as  otherwise  provided  in  this  section,  all purchase
 contracts for supplies, materials or equipment  involving  an  estimated
 expenditure  in  excess  of  one  million  dollars and all contracts for
 public work involving an estimated expenditure in excess of one  million
 dollars  shall  be  awarded  by  the authority to the lowest responsible
 bidder after obtaining [sealed]  bids  in  the  manner  hereinafter  set
 forth.  The  aforesaid shall not apply to contracts for personal, archi-
 tectural, engineering or other professional services. The authority  may
 reject  all  bids  and  obtain  new  bids in the manner provided by this
 section when it is deemed in the public interest to do so or,  in  cases
 where  two  or  more responsible bidders submit identical bids which are
 the lowest bids, award the contract to any of such bidders or obtain new
 bids from such bidders.  Nothing in this paragraph  shall  obligate  the
 authority  to seek new bids after the rejection of bids or after cancel-
 lation of an invitation to bid. Nothing in this section  shall  prohibit
 the  evaluation  of bids on the basis of costs or savings including life
 cycle costs of the item  to  be  purchased,  discounts,  and  inspection
 services  so  long  as  the  invitation to bid reasonably sets forth the
 criteria to be used in evaluating such  costs  or  savings.  Life  cycle
 costs  may  include but shall not be limited to costs or savings associ-
 ated with installation, energy use, maintenance, operation  and  salvage
 or disposal.
   (b)  Section  twenty-eight  hundred seventy-nine of this chapter shall
 apply to the authority's acquisition of goods or services of  any  kind,
 in  the  actual or estimated amount of fifteen thousand dollars or more,
 provided that (i) a contract for services in  the  actual  or  estimated
 amount  of one million dollars or less shall not require approval by the
 board of the authority regardless of the length of the period over which
 the services are rendered, and provided  further  that  a  contract  for
 services  in  the  actual  or  estimated amount in excess of one million
 dollars shall require approval by the board of the authority  regardless
 of  the length of the period over which the services are rendered unless
 such a contract is  awarded  to  the  lowest  responsible  bidder  after
 obtaining  [sealed]  bids  and  (ii)  the  board of the authority may by
 resolution adopt guidelines that authorize the  award  of  contracts  to
 small  business  concerns,  to service disabled veteran owned businesses
 certified pursuant to article  seventeen-B  of  the  executive  law,  or
 minority or women-owned business enterprises certified pursuant to arti-
 cle  fifteen-A of the executive law, or purchases of goods or technology
 that are recycled or remanufactured, in an  amount  not  to  exceed  one
 million dollars without a formal competitive process and without further
 board  approval. The board of the authority shall adopt guidelines which
 shall be made publicly available for the awarding of such contract with-
 out a formal competitive process.
   § 3. Paragraphs (a) and (b) of subdivision 8 of section  1209  of  the
 public  authorities  law, paragraph (a) as amended by chapter 725 of the
 laws of 1993 and paragraph (b) as added by chapter 929 of  the  laws  of
 1986, are amended to read as follows:

 S. 2508                            16                            A. 3008

   (a)  Advertisement  for  bids, when required by this section, shall be
 published at least once in [a newspaper of general  circulation  in  the
 area served by the authority and in] the procurement opportunities news-
 letter  published pursuant to article four-C of the economic development
 law  provided  that, notwithstanding the provisions of article four-C of
 the economic development law, an advertisement shall  only  be  required
 when  required  by  this section. Publication in [a newspaper of general
 circulation in the area served  or  in]  the  procurement  opportunities
 newsletter  shall  not  be  required if bids for contracts for supplies,
 materials or equipment are of a type regularly purchased by the authori-
 ty and are to be solicited from a list of potential suppliers,  if  such
 list is or has been developed consistent with the provisions of subdivi-
 sion  eleven  of  this  section.  Any such advertisement shall contain a
 statement of: (i) the time [and place  where]  BY  WHICH  bids  received
 pursuant to any notice requesting [sealed] bids [will be publicly opened
 and  read]  SHALL BE SUBMITTED; (ii) the name of the contracting agency;
 (iii) the contract identification number; (iv) a  brief  description  of
 the  public work, supplies, materials, or equipment sought, the location
 where work is to be performed, goods are to  be  delivered  or  services
 provided  and the contract term; (v) the [address where] MANNER IN WHICH
 bids or proposals are to be  submitted;  (vi)  the  date  when  bids  or
 proposals  are due; (vii) a description of any eligibility or qualifica-
 tion requirement or preference; (viii) a statement  as  to  whether  the
 contract  requirements  may  be  fulfilled  by  a  subcontracting, joint
 venture, or co-production arrangement; (ix) any other information deemed
 useful to potential contractors; and (x) the name,  address,  and  tele-
 phone  number  of the person to be contacted for additional information.
 At least [fifteen] TEN business days  shall  elapse  between  the  first
 publication  of  such  advertisement or the solicitation of bids, as the
 case may be, and the date of opening and reading of bids.
   (b) The authority may designate any officer or employee to  [open  the
 bids  at  the  time and place bids are to be opened and may designate an
 officer to] award the contract to the lowest responsible  bidder.  [Such
 designee  shall make a record of all bids in such form and detail as the
 authority shall prescribe.] All bids [received] shall be RECEIVED EITHER
 THROUGH AN ELECTRONIC BIDDING PLATFORM  AND  ELECTRONICALLY  POSTED  FOR
 PUBLIC  VIEW,  OR  publicly  opened and read, IN EITHER CASE at the time
 [and], place AND IN THE MANNER specified in the advertisement or  speci-
 fied at the time of solicitation, or to which the opening and reading OR
 POSTING have been adjourned by the authority. All bidders shall be noti-
 fied  of  the  time  and place of any such adjournment.  THE AUTHORITY'S
 DESIGNATED OFFICER OR EMPLOYEE SHALL MAKE A RECORD OF ALL BIDS  IN  SUCH
 FORM AND DETAIL AS THE AUTHORITY SHALL PRESCRIBE.
   §  4.  Paragraph  (e)  of  subdivision 9 of section 1209 of the public
 authorities law, as added by chapter 929 of the laws of 1986, is amended
 to read as follows:
   (e) the item is available  through  an  existing  contract  between  a
 vendor  and  [(i)  another  public  authority  provided  that such other
 authority utilized a process of competitive  bidding  or  a  process  of
 competitive  requests  for  proposals to award such contract or (ii) the
 state of New York or the city of New York,] ANY  DEPARTMENT,  AGENCY  OR
 INSTRUMENTALITY  OF  THE UNITED STATES GOVERNMENT AND/OR ANY DEPARTMENT,
 AGENCY, OFFICE, POLITICAL SUBDIVISION OR INSTRUMENTALITY OF ANY STATE OR
 STATES provided that in any case when the authority under this paragraph
 determines that obtaining such item  thereby  would  be  in  the  public
 interest and sets forth the reasons for such determination. The authori-

 S. 2508                            17                            A. 3008
 
 ty  shall accept sole responsibility for any payment due the vendor as a
 result of the authority's order; or
   §  5.  Paragraphs  (f) and (g) of subdivision 9 of section 1209 of the
 public authorities law are REPEALED.
   § 6. Section 1209 of the public authorities law is amended by adding a
 new subdivision 9-a to read as follows:
   9-A. SUBDIVISION SEVEN OF THIS SECTION NOTWITHSTANDING, THE  AUTHORITY
 MAY  AWARD DESIGN-BUILD CONTRACTS OR CONTRACTS FOR THE PURCHASE OR REHA-
 BILITATION OF RAPID TRANSIT CARS OR OMNIBUSES PURSUANT TO A  PROCESS  OF
 COMPETITIVE REQUEST FOR PROPOSALS AS HEREINAFTER SET FORTH.
   (A)  (I)  FOR  PURPOSES  OF  THIS  SECTION,  A PROCESS FOR COMPETITIVE
 REQUEST FOR PROPOSALS SHALL MEAN A METHOD OF  SOLICITING  PROPOSALS  AND
 AWARDING  A  CONTRACT ON THE BASIS OF A FORMAL EVALUATION OF THE CHARAC-
 TERISTICS, SUCH AS QUALITY, COST, DELIVERY  SCHEDULE  AND  FINANCING  OF
 SUCH  PROPOSALS  AGAINST STATED SELECTION CRITERIA. PUBLIC NOTICE OF THE
 REQUESTS FOR PROPOSALS SHALL BE GIVEN IN THE SAME MANNER AS PROVIDED  IN
 SUBDIVISION EIGHT OF THIS SECTION AND SHALL INCLUDE THE SELECTION CRITE-
 RIA. IN THE EVENT THE AUTHORITY MAKES A MATERIAL CHANGE IN THE SELECTION
 CRITERIA  FROM THOSE PREVIOUSLY STATED IN THE NOTICE, IT WILL INFORM ALL
 PROPOSERS OF SUCH CHANGE AND PERMIT PROPOSERS TO MODIFY THEIR PROPOSALS.
   (II) THE AUTHORITY MAY AWARD A CONTRACT  PURSUANT  TO  THIS  PARAGRAPH
 ONLY  AFTER  A  RESOLUTION  APPROVED BY A TWO-THIRDS VOTE OF ITS MEMBERS
 THEN IN OFFICE AT A PUBLIC MEETING OF THE AUTHORITY WITH SUCH RESOLUTION
 (A) DISCLOSING THE OTHER PROPOSERS AND THE SUBSTANCE OF THEIR PROPOSALS,
 (B) SUMMARIZING THE NEGOTIATION PROCESS INCLUDING THE OPPORTUNITIES,  IF
 ANY,  AVAILABLE  TO PROPOSERS TO PRESENT AND MODIFY THEIR PROPOSALS, AND
 (C) SETTING FORTH THE CRITERIA UPON WHICH THE SELECTION WAS MADE.
   (III) NOTHING IN THIS PARAGRAPH SHALL REQUIRE OR PRECLUDE (A)  NEGOTI-
 ATIONS  WITH  ANY  PROPOSERS  FOLLOWING  THE RECEIPT OF RESPONSES TO THE
 REQUEST FOR PROPOSALS, OR (B) THE REJECTION OF ANY OR ALL  PROPOSALS  AT
 ANY TIME. UPON THE REJECTION OF ALL PROPOSALS, THE AUTHORITY MAY SOLICIT
 NEW PROPOSALS OR BIDS IN ANY MANNER PRESCRIBED IN THIS SECTION.
   (B)(I)  THE  AUTHORITY  MAY  ISSUE A COMPETITIVE REQUEST FOR PROPOSALS
 PURSUANT TO THE PROCEDURES OF PARAGRAPH (A) OF THIS SUBDIVISION FOR  THE
 PURCHASE OR REHABILITATION OF RAPID TRANSIT CARS AND OMNIBUSES. ANY SUCH
 REQUEST  MAY INCLUDE AMONG THE STATED SELECTION CRITERIA THE PERFORMANCE
 OF ALL OR A PORTION OF THE CONTRACT AT SITES WITHIN  THE  STATE  OF  NEW
 YORK  OR THE USE OF GOODS PRODUCED OR SERVICES PROVIDED WITHIN THE STATE
 OF NEW YORK, PROVIDED HOWEVER THAT IN NO EVENT SHALL THE AUTHORITY AWARD
 A CONTRACT TO A MANUFACTURER WHOSE FINAL OFFER,  AS  EXPRESSED  IN  UNIT
 COST IS MORE THAN TEN PERCENT HIGHER THAN THE UNIT COST OF ANY QUALIFIED
 COMPETING  FINAL  OFFER,  IF  THE  SOLE BASIS FOR SUCH AWARD IS THAT THE
 HIGHER PRICED OFFER INCLUDES MORE FAVORABLE PROVISION FOR  THE  PERFORM-
 ANCE  OF  THE  CONTRACT WITHIN THE STATE OF NEW YORK OR THE USE OF GOODS
 PRODUCED OR SERVICES PROVIDED WITHIN THE STATE OF NEW YORK, AND  FURTHER
 PROVIDED  THAT  THE  AUTHORITY'S  DISCRETION  TO AWARD A CONTRACT TO ANY
 MANUFACTURER SHALL NOT BE SO LIMITED IF  A  BASIS  FOR  SUCH  AWARD,  AS
 DETERMINED  BY  THE AUTHORITY, IS SUPERIOR FINANCING, DELIVERY SCHEDULE,
 LIFE CYCLE, RELIABILITY, OR ANY OTHER FACTOR THE AUTHORITY  DEEMS  RELE-
 VANT TO ITS OPERATIONS.
   (II)  THE  AUTHORITY  MAY  AWARD A CONTRACT PURSUANT TO THIS PARAGRAPH
 ONLY AFTER A RESOLUTION APPROVED BY A VOTE OF NOT LESS  THAN  TWO-THIRDS
 OF  ITS MEMBERS THEN IN OFFICE AT A PUBLIC MEETING OF THE AUTHORITY WITH
 SUCH RESOLUTION (A) DISCLOSING THE OTHER PROPOSERS AND THE SUBSTANCE  OF
 THEIR  PROPOSALS,  (B) SUMMARIZING THE NEGOTIATION PROCESS INCLUDING THE
 OPPORTUNITIES, IF ANY, AVAILABLE TO  PROPOSERS  TO  PRESENT  AND  MODIFY

 S. 2508                            18                            A. 3008

 THEIR  PROPOSALS,  AND  (C)  SETTING  FORTH  THE CRITERIA UPON WHICH THE
 SELECTION WAS MADE.
   (III)  NOTHING IN THIS PARAGRAPH SHALL REQUIRE OR PRECLUDE (A) NEGOTI-
 ATIONS WITH ANY PROPOSERS FOLLOWING THE  RECEIPT  OF  RESPONSES  TO  THE
 REQUEST  FOR  PROPOSALS, OR (B) THE REJECTION OF ANY OR ALL PROPOSALS AT
 ANY TIME. UPON THE REJECTION OF ALL PROPOSALS, THE AUTHORITY MAY SOLICIT
 NEW PROPOSALS OR BIDS IN ANY MANNER PRESCRIBED IN THIS SECTION.
   § 7. Subdivision 10 of section 1209 of the public authorities law,  as
 added by chapter 929 of the laws of 1986, is amended to read as follows:
   10.  Upon  the  adoption of a resolution by the authority stating, for
 reasons of efficiency, economy, compatibility or  maintenance  reliabil-
 ity,  that there is a need for standardization, the authority may estab-
 lish procedures whereby particular supplies, materials or equipment  are
 identified  on  a qualified products list. Such procedures shall provide
 for products or vendors to be added to or deleted  from  such  list  and
 shall include provisions for public advertisement of the manner in which
 such  lists  are  compiled. The authority shall review such list no less
 than [twice] ONCE a year for the purpose of making modifications  there-
 to.    Contracts for particular supplies, materials or equipment identi-
 fied on a qualified products list may be awarded by the authority to the
 lowest responsible bidder after obtaining [sealed]  bids  in  accordance
 with this section or without competitive [sealed] bids in instances when
 the item is available from only a single source, except that the author-
 ity  may  dispense with advertising provided that it mails copies of the
 invitation to bid to all vendors of the particular item on the qualified
 products list.
   § 8. Subdivision 1 of section 1265-a of the public authorities law  is
 REPEALED.
   §  9. Paragraphs (a) and (b) of subdivision 2 of section 1265-a of the
 public authorities law, as amended by section 3-a of subpart C  of  part
 ZZZ of chapter 59 of the laws of 2019, are amended to read as follows:
   (a)  Except  as  otherwise  provided  in  this  section,  all purchase
 contracts for supplies, materials or equipment  involving  an  estimated
 expenditure  in  excess  of  one  million  dollars and all contracts for
 public work involving an estimated expenditure in excess of one  million
 dollars  shall  be  awarded  by  the authority to the lowest responsible
 bidder after obtaining [sealed]  bids  in  the  manner  hereinafter  set
 forth.    For  purposes  hereof, contracts for public work shall exclude
 contracts for personal, engineering and architectural,  or  professional
 services.   The authority may reject all bids and obtain new bids in the
 manner provided by this section when it is deemed in the public interest
 to do so or, in cases where two or more responsible bidders submit iden-
 tical bids which are the lowest bids, award the contract to any of  such
 bidders  or obtain new bids from such bidders. Nothing in this paragraph
 shall obligate the authority to seek new bids  after  the  rejection  of
 bids  or  after  cancellation  of  an invitation to bid. Nothing in this
 section shall prohibit the evaluation of bids on the basis of  costs  or
 savings  including  life  cycle  costs  of  the  item  to  be purchased,
 discounts, and inspection services so long  as  the  invitation  to  bid
 reasonably  sets  forth the criteria to be used in evaluating such costs
 or savings. Life cycle costs may include but shall  not  be  limited  to
 costs  or savings associated with installation, energy use, maintenance,
 operation and salvage or disposal.
   (b) Section twenty-eight hundred seventy-nine of  this  chapter  shall
 apply  to  the authority's acquisition of goods or services of any kind,
 in the actual or estimated amount of fifteen thousand dollars  or  more,

 S. 2508                            19                            A. 3008
 
 provided  (i)  that  a  contract for services in the actual or estimated
 amount of one million dollars or less shall not require approval by  the
 board of the authority regardless of the length of the period over which
 the  services  are  rendered,  and  provided further that a contract for
 services in the actual or estimated amount  in  excess  of  one  million
 dollars  shall require approval by the board of the authority regardless
 of the length of the period over which the services are rendered  unless
 such  a  contract  is  awarded  to  the  lowest responsible bidder after
 obtaining [sealed] bids, and (ii) the board  of  the  authority  may  by
 resolution  adopt  guidelines  that  authorize the award of contracts to
 small business concerns, to service disabled  veteran  owned  businesses
 certified  pursuant  to  article  seventeen-B  of  the executive law, or
 minority or women-owned business enterprises certified pursuant to arti-
 cle fifteen-A of the executive law, or purchases of goods or  technology
 that  are  recycled  or  remanufactured,  in an amount not to exceed one
 million dollars without a formal competitive process and without further
 board approval. The board of the authority shall adopt guidelines  which
 shall be made publicly available for the awarding of such contract with-
 out a formal competitive process.
   § 10. Paragraphs (a) and (b) of subdivision 3 of section 1265-a of the
 public  authorities  law, paragraph (a) as amended by chapter 494 of the
 laws of 1990 and paragraph (b) as added by chapter 929 of  the  laws  of
 1986, are amended to read as follows:
   (a)  Advertisement  for  bids, when required by this section, shall be
 published at least once in [a newspaper of general  circulation  in  the
 area served by the authority and in] the procurement opportunities news-
 letter  published pursuant to article four-C of the economic development
 law provided that, notwithstanding the provisions of article  four-C  of
 the  economic  development  law, an advertisement shall only be required
 for a purchase  contract  for  supplies,  materials  or  equipment  when
 required  by this section. Publication in [a newspaper of general circu-
 lation in the area served or in] the procurement opportunities  newslet-
 ter  shall not be required if bids for contracts for supplies, materials
 or equipment are of a type regularly purchased by the authority and  are
 to  be  solicited from a list of potential suppliers, if such list is or
 has been developed consistent with the provisions of subdivision six  of
 this  section.  Any such advertisement shall contain a statement of: (i)
 the time [and place where] BY WHICH bids received pursuant to any notice
 requesting [sealed] bids [will be publicly opened  and  read]  SHALL  BE
 SUBMITTED;  (ii)  the name of the contracting agency; (iii) the contract
 identification number; (iv) a brief  description  of  the  public  work,
 supplies,  materials, or equipment sought, the location where work is to
 be performed, goods are to be delivered or  services  provided  and  the
 contract term; (v) the [address where] MANNER IN WHICH bids or proposals
 are to be submitted; (vi) the date when bids or proposals are due; (vii)
 a description of any eligibility or qualification requirement or prefer-
 ence;  (viii) a statement as to whether the contract requirements may be
 fulfilled by a subcontracting, joint venture, or co-production  arrange-
 ment; (ix) any other information deemed useful to potential contractors;
 and  (x)  the  name,  address,  and telephone number of the person to be
 contacted for additional information. At least  [fifteen]  TEN  business
 days shall elapse between the first publication of such advertisement or
 the  solicitation  of  bids, as the case may be, and the date of opening
 and reading of bids.
   (b) The authority may designate any officer or employee to  [open  the
 bids  at  the  time and place bids are to be opened and may designate an

 S. 2508                            20                            A. 3008

 officer to] award the contract to the lowest responsible  bidder.  [Such
 designee  shall make a record of all bids in such form and detail as the
 authority shall prescribe.] All bids [received] shall be RECEIVED EITHER
 THROUGH  AN  ELECTRONIC  BIDDING  PLATFORM AND ELECTRONICALLY POSTED FOR
 PUBLIC VIEW, OR publicly opened and read, IN EITHER CASE  at  the  time,
 [and]  place  AND IN THE MANNER specified in the advertisement or at the
 time of solicitation, or to which the opening  and  reading  OR  POSTING
 have  been  adjourned by the authority. All bidders shall be notified of
 the time and place of any such adjournment. THE  AUTHORITY'S  DESIGNATED
 OFFICER  OR  EMPLOYEE  SHALL  MAKE A RECORD OF ALL BIDS IN SUCH FORM AND
 DETAIL AS THE AUTHORITY SHALL PRESCRIBE.
   § 11. Paragraph (e) of subdivision 4 of section 1265-a of  the  public
 authorities law, as added by chapter 929 of the laws of 1986, is amended
 to read as follows:
   (e)  the  item  is  available  through  an existing contract between a
 vendor and [(i)  another  public  authority  provided  that  such  other
 authority  utilized  a  process  of  competitive bidding or a process of
 competitive requests for proposals  to  award  such  contracts  or  (ii)
 Nassau  county,  or  (iii) the state of New York or (iv) the city of New
 York] ANY DEPARTMENT, AGENCY OR INSTRUMENTALITY  OF  THE  UNITED  STATES
 GOVERNMENT  AND/OR ANY DEPARTMENT, AGENCY, OFFICE, POLITICAL SUBDIVISION
 OR INSTRUMENTALITY OF ANY STATE OR STATES, provided  that  in  any  case
 when  under  this paragraph the authority determines that obtaining such
 item thereby would be in the public interest and sets forth the  reasons
 for  such  determination. The authority shall accept sole responsibility
 for any payment due the vendor as a result of the authority's order; or
   § 12. Paragraphs (f) and (g) of subdivision 4 of section 1265-a of the
 public authorities law are REPEALED.
   § 13. Section 1265-a of the  public  authorities  law  is  amended  by
 adding a new subdivision 4-a to read as follows:
   4-A.  SUBDIVISION  TWO  OF THIS SECTION NOTWITHSTANDING, THE AUTHORITY
 MAY AWARD DESIGN-BUILD CONTRACTS OR CONTRACTS FOR THE PURCHASE OR  REHA-
 BILITATION  OF  RAPID TRANSIT CARS OR OMNIBUSES PURSUANT TO A PROCESS OF
 COMPETITIVE REQUEST FOR PROPOSALS AS HEREINAFTER SET FORTH.
   (A) (I) FOR PURPOSES  OF  THIS  SECTION,  A  PROCESS  FOR  COMPETITIVE
 REQUESTS  FOR  PROPOSALS SHALL MEAN A METHOD OF SOLICITING PROPOSALS AND
 AWARDING A CONTRACT ON THE BASIS OF A FORMAL EVALUATION OF  THE  CHARAC-
 TERISTICS,  SUCH  AS  QUALITY,  COST, DELIVERY SCHEDULE AND FINANCING OF
 SUCH PROPOSALS AGAINST STATED SELECTION CRITERIA. PUBLIC NOTICE  OF  THE
 REQUESTS  FOR PROPOSALS SHALL BE GIVEN IN THE SAME MANNER AS PROVIDED IN
 SUBDIVISION THREE OF THIS SECTION AND SHALL INCLUDE THE SELECTION CRITE-
 RIA. IN THE EVENT THE AUTHORITY MAKES A MATERIAL CHANGE IN THE SELECTION
 CRITERIA FROM THOSE PREVIOUSLY STATED IN THE NOTICE, IT WILL INFORM  ALL
 PROPOSERS OF SUCH CHANGE AND PERMIT PROPOSERS TO MODIFY THEIR PROPOSALS.
   (II)  THE  AUTHORITY  MAY  AWARD A CONTRACT PURSUANT TO THIS PARAGRAPH
 ONLY AFTER A RESOLUTION APPROVED BY A TWO-THIRDS  VOTE  OF  ITS  MEMBERS
 THEN IN OFFICE AT A PUBLIC MEETING OF THE AUTHORITY WITH SUCH RESOLUTION
 (A) DISCLOSING THE OTHER PROPOSERS AND THE SUBSTANCE OF THEIR PROPOSALS,
 (B)  SUMMARIZING THE NEGOTIATION PROCESS INCLUDING THE OPPORTUNITIES, IF
 ANY, AVAILABLE TO PROPOSERS TO PRESENT AND MODIFY THEIR  PROPOSALS,  AND
 (C) SETTING FORTH THE CRITERIA UPON WHICH THE SELECTION WAS MADE.
   (III)  NOTHING IN THIS PARAGRAPH SHALL REQUIRE OR PRECLUDE (A) NEGOTI-
 ATIONS WITH ANY PROPOSERS FOLLOWING THE  RECEIPT  OF  RESPONSES  TO  THE
 REQUEST  FOR  PROPOSALS, OR (B) THE REJECTION OF ANY OR ALL PROPOSALS AT
 ANY TIME. UPON THE REJECTION OF ALL PROPOSALS, THE AUTHORITY MAY SOLICIT
 NEW PROPOSALS OR BIDS IN ANY MANNER PRESCRIBED IN THIS SECTION.

 S. 2508                            21                            A. 3008
 
   (B)(I) THE AUTHORITY MAY ISSUE A  COMPETITIVE  REQUEST  FOR  PROPOSALS
 PURSUANT  TO THE PROCEDURES OF PARAGRAPH (A) OF THIS SUBDIVISION FOR THE
 PURCHASE OR REHABILITATION OF RAIL CARS AND OMNIBUSES. ANY SUCH  REQUEST
 MAY  INCLUDE  AMONG THE STATED SELECTION CRITERIA THE PERFORMANCE OF ALL
 OR  A  PORTION  OF THE CONTRACT AT SITES WITHIN THE STATE OF NEW YORK OR
 THE USE OF GOODS PRODUCED OR SERVICES PROVIDED WITHIN THE STATE  OF  NEW
 YORK,  PROVIDED  HOWEVER  THAT  IN  NO EVENT SHALL THE AUTHORITY AWARD A
 CONTRACT TO A MANUFACTURER WHOSE FINAL OFFER, AS EXPRESSED IN UNIT  COST
 IS  MORE  THAN  TEN  PERCENT  HIGHER THAN THE UNIT COST OF ANY QUALIFIED
 COMPETING FINAL OFFER, IF THE SOLE BASIS FOR  SUCH  AWARD  IS  THAT  THE
 HIGHER  PRICED  OFFER INCLUDES MORE FAVORABLE PROVISION FOR THE PERFORM-
 ANCE OF THE CONTRACT WITHIN THE STATE OF NEW YORK OR THE  USE  OF  GOODS
 PRODUCED  OR SERVICES PROVIDED WITHIN THE STATE OF NEW YORK, AND FURTHER
 PROVIDED THAT THE AUTHORITY'S DISCRETION TO  AWARD  A  CONTRACT  TO  ANY
 MANUFACTURER  SHALL  NOT  BE  SO  LIMITED  IF A BASIS FOR SUCH AWARD, AS
 DETERMINED BY THE AUTHORITY, IS SUPERIOR FINANCING,  DELIVERY  SCHEDULE,
 LIFE  CYCLE,  RELIABILITY, OR ANY OTHER FACTOR THE AUTHORITY DEEMS RELE-
 VANT TO ITS OPERATIONS.
   (II) THE AUTHORITY MAY AWARD A CONTRACT  PURSUANT  TO  THIS  PARAGRAPH
 ONLY AFTER A RESOLUTION APPROVED BY A VOTE OF NOT LESS THAN A TWO-THIRDS
 VOTE  OF ITS MEMBERS THEN IN OFFICE AT A PUBLIC MEETING OF THE AUTHORITY
 WITH  SUCH  RESOLUTION  (A)  DISCLOSING  THE  OTHER  PROPOSERS  AND  THE
 SUBSTANCE  OF  THEIR  PROPOSALS, (B) SUMMARIZING THE NEGOTIATION PROCESS
 INCLUDING THE OPPORTUNITIES, IF ANY, AVAILABLE TO PROPOSERS  TO  PRESENT
 AND  MODIFY  THEIR  PROPOSALS,  AND  (C) SETTING FORTH THE CRITERIA UPON
 WHICH THE SELECTION WAS MADE.
   (III) NOTHING IN THIS PARAGRAPH SHALL REQUIRE OR PRECLUDE (A)  NEGOTI-
 ATIONS  WITH  ANY  PROPOSERS  FOLLOWING  THE RECEIPT OF RESPONSES TO THE
 REQUEST FOR PROPOSALS, OR (B) THE REJECTION OF ANY OR ALL  PROPOSALS  AT
 ANY TIME. UPON THE REJECTION OF ALL PROPOSALS, THE AUTHORITY MAY SOLICIT
 NEW PROPOSALS OR BIDS IN ANY MANNER PRESCRIBED IN THIS SECTION.
   §  14.  Subdivision 5 of section 1265-a of the public authorities law,
 as added by chapter 929 of the laws of  1986,  is  amended  to  read  as
 follows:
   5.  Upon  the  adoption  of a resolution by the authority stating, for
 reasons of efficiency, economy, compatibility or  maintenance  reliabil-
 ity,  that there is a need for standardization, the authority may estab-
 lish procedures whereby particular supplies, materials or equipment  are
 identified  on  a qualified products list. Such procedures shall provide
 for products or vendors to be added to or deleted  from  such  list  and
 shall include provisions for public advertisement of the manner in which
 such  lists  are  compiled. The authority shall review such list no less
 than [twice] ONCE a year for the purpose of making  such  modifications.
 Contracts  for particular supplies, materials or equipment identified on
 a qualified products list may be awarded by the authority to the  lowest
 responsible bidder after obtaining [sealed] bids in accordance with this
 section  or without competitive [sealed] bids in instances when the item
 is available from only a single source, except that  the  authority  may
 dispense  with  advertising provided that it mails copies of the invita-
 tion to bid to all vendors of  the  particular  item  on  the  qualified
 products list.
   §  15. Section 15 of part OO of chapter 54 of the laws of 2016, amend-
 ing the public authorities law relating to procurements by the New  York
 City transit authority and the metropolitan transportation authority, is
 amended to read as follows:

 S. 2508                            22                            A. 3008
 
   § 15. This act shall take effect immediately[, and shall expire and be
 deemed repealed April 1, 2021].
   § 16. This act shall take effect immediately.
 
                                  PART G
   Section  1.  Section  1266 of the public authorities law is amended by
 adding two new subdivisions 12-b and 12-c to read as follows:
   12-B. WHENEVER  IN  CONNECTION  WITH  THE  IMPROVEMENT,  CONSTRUCTION,
 RECONSTRUCTION OR REHABILITATION OF A TRANSPORTATION FACILITY OR A TRAN-
 SIT FACILITY THE AUTHORITY DETERMINES THAT THE PIPES, MAINS, CONDUITS OR
 OTHER  INFRASTRUCTURE OF ANY PUBLIC SERVICE CORPORATION AND ANY FIXTURES
 AND APPLIANCES CONNECTED THEREWITH OR ATTACHED THERETO SHALL BE REMOVED,
 RELOCATED OR OTHERWISE PROTECTED  OR  REPLACED,  EITHER  TEMPORARILY  OR
 PERMANENTLY, HEREINAFTER REFERRED TO AS "THE REQUIRED UTILITY WORK", THE
 FOLLOWING PROVISIONS SHALL APPLY:
   (A)  EXCEPT  AS  PROVIDED  IN  PARAGRAPH  (C) OF THIS SUBDIVISION, THE
 PUBLIC SERVICE CORPORATION SHALL DESIGN AND PERFORM ALL OF THE  REQUIRED
 UTILITY  WORK  WITHIN  A NUMBER OF DAYS AFTER RECEIPT OF THE AUTHORITY'S
 CONSTRUCTION PLANS, WHICH NUMBER OF DAYS  SHALL  BE  DETERMINED  BY  THE
 AUTHORITY  AFTER  CONSULTATION  WITH THE PUBLIC SERVICE CORPORATION. THE
 COST OF SUCH REQUIRED UTILITY WORK, INCLUDING THE DESIGN, SHALL BE BORNE
 SOLELY BY THE PUBLIC SERVICE CORPORATION.
   (B) IN DESIGNING AND PERFORMING THE REQUIRED UTILITY  WORK,  A  PUBLIC
 SERVICE CORPORATION SHALL NOT CREATE THE NEED FOR ANOTHER PUBLIC SERVICE
 CORPORATION  TO  REMOVE  OR RELOCATE ITS PIPES, MAINS, CONDUITS OR OTHER
 INFRASTRUCTURE WITHOUT THE AGREEMENT OF THE AUTHORITY.
   (C) THE AUTHORITY MAY OPT TO PERFORM SOME OR ALL OF THE REQUIRED UTIL-
 ITY WORK ON ITS OWN OR BY  A  CONTRACT  OR  OTHER  ARRANGEMENT.  IF  THE
 AUTHORITY  OPTS TO PERFORM SOME OR ALL OF THE REQUIRED UTILITY WORK, THE
 AUTHORITY MAY ALSO OPT TO PROVIDE THE DESIGN FOR  SUCH  WORK.    IF  THE
 AUTHORITY  OPTS TO PERFORM SOME OR ALL OF THE REQUIRED UTILITY WORK, THE
 PUBLIC SERVICE CORPORATION SHALL PERFORM THE PORTION OF THE UTILITY WORK
 NOT PERFORMED BY THE AUTHORITY AND SHALL REIMBURSE THE AUTHORITY FOR THE
 AUTHORITY'S ACTUAL COST TO PERFORM THE UTILITY WORK, INCLUDING THE  COST
 OF  THE  DESIGN  DONE BY THE AUTHORITY. IF THE AUTHORITY DESIGNS SOME OR
 ALL OF THE REQUIRED UTILITY WORK, SUCH DESIGN SHALL BE  SUBJECT  TO  THE
 REVIEW  AND  APPROVAL OF THE PUBLIC SERVICE CORPORATION, WHICH SHALL NOT
 BE UNREASONABLY WITHHELD. SUCH REVIEW AND APPROVAL  SHALL  BE  COMPLETED
 WITHIN  TWENTY-ONE CALENDAR DAYS, OR WITHIN SUCH OTHER PERIOD OF TIME AS
 MAY BE DETERMINED BY THE AUTHORITY AFTER CONSULTATION  WITH  THE  PUBLIC
 SERVICE CORPORATION.
   12-C.  WHENEVER  IN  CONNECTION  WITH  THE  IMPROVEMENT, CONSTRUCTION,
 RECONSTRUCTION OR REHABILITATION OF A TRANSPORTATION FACILITY OR TRANSIT
 FACILITY THE AUTHORITY DETERMINES THAT THE WATER  OR  SEWER  INFRASTRUC-
 TURE, INCLUDING PIPES OR MAINS, STREET LIGHTING, TRAFFIC SIGNAL SYSTEMS,
 EMERGENCY  CALL  BOXES  AND ASSOCIATED INFRASTRUCTURE OF THE CITY OF NEW
 YORK AND ANY FIXTURES AND APPLIANCES  CONNECTED  THEREWITH  OR  ATTACHED
 THERETO  MUST BE REMOVED, RELOCATED, OR OTHERWISE PROTECTED OR REPLACED,
 EITHER TEMPORARILY OR  PERMANENTLY,  HEREINAFTER  REFERRED  TO  AS  "THE
 REQUIRED CITY WORK", THE FOLLOWING PROVISIONS SHALL APPLY:
   (A)  THE  CITY  OF  NEW  YORK  SHALL  PROVIDE ANY APPROVALS OR PERMITS
 REQUIRED BY THE AUTHORITY FOR  THE  REQUIRED  CITY  WORK  WITHIN  THIRTY
 CALENDAR  DAYS  OF SUBMISSION BY THE AUTHORITY OF ITS CONSTRUCTION PLANS
 OR WITHIN SUCH OTHER PERIOD OF TIME AS MAY BE DETERMINED BY THE AUTHORI-
 TY AFTER CONSULTATION WITH THE CITY OF NEW YORK.

 S. 2508                            23                            A. 3008
 
   (B) THE AUTHORITY SHALL PAY THE COST OF THE REQUIRED CITY WORK AND THE
 COST OF UPGRADING THE WATER OR SEWER INFRASTRUCTURE TO COMPLY  WITH  THE
 CURRENT  STANDARDS OF THE CITY OF NEW YORK FOR MATERIALS AND CAPACITY AS
 DETERMINED BY THE CURRENT SERVICE  BEING  PROVIDED;  PROVIDED,  HOWEVER,
 THAT  THE  CITY  OF NEW YORK SHALL NOT DEMAND THAT THE AUTHORITY PROVIDE
 FOR ANTICIPATED FUTURE SERVICE INCREASES OR ANY OTHER BETTERMENTS  WITH-
 OUT THE AUTHORITY'S AGREEMENT.
   (C) IN REVIEWING THE AUTHORITY'S DESIGN FOR THE REQUIRED CITY WORK, OR
 IN  PROVIDING  ANY  PERMITS OR APPROVALS FOR THE REQUIRED CITY WORK, THE
 CITY OF NEW YORK SHALL NOT CREATE THE NEED FOR A PUBLIC  SERVICE  CORPO-
 RATION TO REMOVE OR RELOCATE ITS PIPES, MAINS, CONDUITS OR OTHER INFRAS-
 TRUCTURE WITHOUT THE AGREEMENT OF THE AUTHORITY.
   (D) THE CITY OF NEW YORK SHALL COOPERATE WITH THE AUTHORITY AND PUBLIC
 SERVICE  CORPORATIONS IN PLANNING AND COORDINATING THE RELOCATION OF ITS
 OWN WATER AND SEWER INFRASTRUCTURE AS WELL AS THE PIPES, MAINS, CONDUITS
 OR OTHER INFRASTRUCTURE OF ANY PUBLIC SERVICE CORPORATION. THE  CITY  OF
 NEW  YORK  SHALL  NOT  REQUIRE  THE  REMOVAL OR RELOCATION OF ADDITIONAL
 PUBLIC SERVICE CORPORATION PIPES, MAINS, CONDUITS OR  OTHER  INFRASTRUC-
 TURE BEYOND THE MINIMUM REQUIRED TO ACCOMMODATE THE REQUIRED WORK.
   § 2. This act shall take effect immediately.
 
                                  PART H
 
   Section  1.  Subdivision  12 of section 1266 of the public authorities
 law, as added by chapter 314 of the laws of 1981, is amended to read  as
 follows:
   12. The authority may, FOR ITSELF OR UPON REQUEST OF THE NEW YORK CITY
 TRANSIT  AUTHORITY, upon suitable notice to and an offer to consult with
 an officer designated by the city of New York, occupy the streets of the
 city of New York for the purpose of doing, AS A BENEFICIAL OWNER OF SUCH
 PROJECT VIA CONTRACT, EASEMENT AGREEMENT OR OTHER  SUCH  AGREEMENT,  any
 work  over  or  under  the  same  in  connection  with  the improvement,
 construction,  reconstruction  or  rehabilitation  of  a  transportation
 facility  without  the  consent  of or payment to such city[.], NOTWITH-
 STANDING THAT THE CITY HAS PREVIOUSLY PERMITTED ANY SUCH PORTION OF SUCH
 STREETS TO BE OCCUPIED BY ANOTHER.  FOR THE PURPOSES  OF  THIS  SUBDIVI-
 SION,  A  "TRANSPORTATION  FACILITY"  SHALL INCLUDE A STAIRWAY ENTRANCE,
 ELEVATOR, ESCALATOR OR OTHER VERTICAL  TRANSPORTATION  CONNECTING  TO  A
 SUBWAY STATION OR ANY OTHER TRANSIT IMPROVEMENT THAT IS BEING RENOVATED,
 RELOCATED  OR  CONSTRUCTED UNDER A CONTRACT, EASEMENT AGREEMENT OR OTHER
 AGREEMENT WITH THE AUTHORITY OR THE  NEW  YORK  CITY  TRANSIT  AUTHORITY
 PURSUANT TO THE ZONING RESOLUTION OF THE CITY OF NEW YORK.
   § 2. This act shall take effect immediately.
 
                                  PART I
 
   Section 1. Subdivision 11 of section 120.05 of the penal law, as sepa-
 rately  amended  by chapters 268 and 281 of the laws of 2016, is amended
 to read as follows:
   11. With intent to cause physical injury to a train  operator,  ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner [or], terminal cleaner, STATION CUSTOMER ASSISTANT; PERSON WHOSE
 OFFICIAL  DUTIES  INCLUDE  THE  SALE  OR  COLLECTION OF TICKETS, PASSES,
 VOUCHERS, OR OTHER FARE PAYMENT MEDIA FOR USE ON A    TRAIN  OR  BUS;  A
 PERSON   WHOSE   OFFICIAL   DUTIES   INCLUDE  THE  MAINTENANCE,  REPAIR,
 INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING  OF  A  TRANSIT  SIGNAL

 S. 2508                            24                            A. 3008
 
 SYSTEM,  ELEVATED  OR  UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUC-
 TURE, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, OR A TRAIN OR  BUS
 STATION  OR TERMINAL; OR A SUPERVISOR OF SUCH PERSONNEL, employed by any
 transit agency, authority or company, public or private, whose operation
 is  authorized by New York state or any of its political subdivisions, a
 city marshal, a school crossing guard appointed pursuant to section  two
 hundred  eight-a  of  the  general  municipal law, a traffic enforcement
 officer, traffic enforcement agent, prosecutor as defined in subdivision
 thirty-one of section 1.20 of the  criminal  procedure  law,  sanitation
 enforcement  agent, New York city sanitation worker, public health sani-
 tarian, New  York  city  public  health  sanitarian,  registered  nurse,
 licensed  practical nurse, emergency medical service paramedic, or emer-
 gency medical service technician, he or she causes  physical  injury  to
 such  train  operator,  ticket  inspector,  conductor, signalperson, bus
 operator, station agent, station cleaner [or], terminal cleaner, STATION
 CUSTOMER ASSISTANT; PERSON WHOSE OFFICIAL DUTIES  INCLUDE  THE  SALE  OR
 COLLECTION  OF TICKETS, PASSES, VOUCHERS OR OTHER FARE PAYMENT MEDIA FOR
 USE ON A  TRAIN OR BUS; A PERSON WHOSE OFFICIAL DUTIES INCLUDE THE MAIN-
 TENANCE, REPAIR, INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING  OF  A
 TRANSIT  SIGNAL  SYSTEM,  ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT
 STATION STRUCTURE, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, OR  A
 TRAIN  OR  BUS  STATION  OR TERMINAL; OR A SUPERVISOR OF SUCH PERSONNEL,
 city marshal, school crossing guard appointed pursuant  to  section  two
 hundred  eight-a of the general municipal law, traffic enforcement offi-
 cer, traffic enforcement agent, prosecutor  as  defined  in  subdivision
 thirty-one  of  section  1.20  of the criminal procedure law, registered
 nurse, licensed practical nurse, public health sanitarian, New York city
 public health sanitarian, sanitation enforcement agent,  New  York  city
 sanitation  worker,  emergency  medical  service paramedic, or emergency
 medical  service  technician,  while  such  employee  is  performing  an
 assigned  duty  on,  or directly related to, the operation of a train or
 bus, [including the] cleaning of a train or bus station or  terminal  OR
 MAINTENANCE  OF  A  TRAIN  OR  BUS  STATION  OR TERMINAL, SIGNAL SYSTEM,
 ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUCTURE,  TRAIN
 YARD OR REVENUE TRAIN IN PASSENGER SERVICE, or such city marshal, school
 crossing  guard, traffic enforcement officer, traffic enforcement agent,
 prosecutor as defined in subdivision thirty-one of section 1.20  of  the
 criminal  procedure  law,  registered  nurse,  licensed practical nurse,
 public health sanitarian, New York city public health sanitarian,  sani-
 tation  enforcement  agent,  New  York city sanitation worker, emergency
 medical service paramedic, or emergency medical  service  technician  is
 performing an assigned duty; or
   § 2. Section 240.30 of the penal law is amended by adding a new subdi-
 vision 3-a to read as follows:
   3-A.  STRIKES,  SHOVES, KICKS, OR OTHERWISE SUBJECTS ANOTHER PERSON TO
 PHYSICAL CONTACT, WHICH INCLUDES SPITTING ON SUCH OTHER PERSON, AND SUCH
 OTHER PERSON IS AN ON-DUTY TRAIN OPERATOR; TICKET INSPECTOR;  CONDUCTOR;
 SIGNALPERSON;  BUS  OPERATOR;  STATION  AGENT; STATION CLEANER; TERMINAL
 CLEANER;  STATION  CUSTOMER  ASSISTANT;  PERSON  WHOSE  OFFICIAL  DUTIES
 INCLUDE  THE  SALE  OR  COLLECTION OF TICKETS, PASSES, VOUCHERS OR OTHER
 FARE PAYMENT MEDIA FOR USE ON A TRAIN  OR  BUS;  PERSON  WHOSE  OFFICIAL
 DUTIES  INCLUDE  THE  MAINTENANCE,  REPAIR, INSPECTION, TROUBLESHOOTING,
 TESTING OR CLEANING OF A TRANSIT SIGNAL SYSTEM, ELEVATED OR  UNDERGROUND
 SUBWAY  TRACKS,  TRANSIT STATION STRUCTURE, TRAIN YARD, REVENUE TRAIN IN
 PASSENGER SERVICE, OR TRAIN OR BUS STATION OR TERMINAL, OR A  SUPERVISOR
 OF SUCH PERSONNEL, EMPLOYED BY ANY TRANSIT AGENCY, AUTHORITY OR COMPANY,

 S. 2508                            25                            A. 3008
 
 PUBLIC  OR  PRIVATE,  WHOSE OPERATION IS AUTHORIZED BY NEW YORK STATE OR
 ANY OF ITS POLITICAL SUBDIVISIONS; OR
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART J
 
   Section 1. Section 2 of chapter 393 of the laws of 1994, amending  the
 New York state urban development corporation act, relating to the powers
 of  the  New  York state urban development corporation to make loans, as
 amended by section 1 of part FF of chapter 58 of the laws  of  2020,  is
 amended to read as follows:
   §  2.  This  act shall take effect immediately provided, however, that
 section one of this act shall expire on July 1, [2021]  2024,  at  which
 time the provisions of subdivision 26 of section 5 of the New York state
 urban  development  corporation  act shall be deemed repealed; provided,
 however, that neither the expiration nor the repeal of such  subdivision
 as provided for herein shall be deemed to affect or impair in any manner
 any  loan  made  pursuant  to the authority of such subdivision prior to
 such expiration and repeal.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after July 1, 2021.
 
                                  PART K
 
   Section  1.  Subdivision 3 of section 16-m of section 1 of chapter 174
 of the laws of 1968 constituting the New York  state  urban  development
 corporation act, as amended by section 1 of part EE of chapter 58 of the
 laws of 2020, is amended to read as follows:
   3.  The  provisions  of this section shall expire, notwithstanding any
 inconsistent provision of subdivision 4 of section 469 of chapter 309 of
 the laws of 1996 or of any other law, on July 1, [2021] 2024.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after July 1, 2021.
 
                                  PART L
 
   Section  1.  The  multiple  dwelling  law  is  amended by adding a new
 section 277-a to read as follows:
   § 277-A. TEMPORARY RULES UPON LEGISLATIVE  FINDING  OF  SPECIAL  STATE
 INTEREST.  1.  APPLICATION OF RULE. THIS SECTION SHALL APPLY TO BUILDING
 PERMITS LAWFULLY ISSUED, OR FOR WHICH A COMPLETED APPLICATION  HAS  BEEN
 FILED  AS  DEFINED BY LOCAL LAW, ON OR BEFORE DECEMBER THIRTY-FIRST, TWO
 THOUSAND TWENTY-SIX.
   2. APPLICABILITY. NOTWITHSTANDING ANY OTHER PROVISION OF THIS  CHAPTER
 OR  OTHER  STATE  LAW  TO  THE  CONTRARY, NO LOCAL ZONING LAW ORDINANCE,
 RESOLUTION OR REGULATION ADDRESSING THE MINIMUM LIGHT AND AIR  STANDARDS
 FOR  JOINT  LIVING-WORK  QUARTERS  FOR  ARTISTS  OR  GENERAL RESIDENTIAL
 PORTIONS OF LOFTS OR MANUFACTURING AND COMMERCIAL BUILDINGS  ALTERED  TO
 RESIDENTIAL  USE  SHALL  LIMIT THE APPLICABILITY OF THIS ARTICLE TO: (A)
 BUILDINGS ERECTED PRIOR TO JANUARY FIRST, NINETEEN HUNDRED  SEVENTY-SEV-
 EN;  OR (B) SPECIFIC LOCATIONS OR DISTRICTS WITHIN THE MUNICIPALITY, BUT
 SHALL APPLY THIS ARTICLE  UNIFORMLY  THROUGHOUT.    NOTWITHSTANDING  ANY
 STATE  LAW, OTHER LOCAL ZONING LAW, ORDINANCE, RESOLUTION, OR REGULATION
 TO THE CONTRARY, THE CONVERSIONS DESCRIBED  IN  SUBDIVISIONS  THREE  AND
 FOUR OF THIS SECTION ARE HEREBY AUTHORIZED.

 S. 2508                            26                            A. 3008
 
   3.  CLASS  B  MULTIPLE DWELLINGS. THE PROVISIONS OF THIS SECTION SHALL
 APPLY TO ANY CONVERSION OF OR ALTERATION OR IMPROVEMENT TO ANY  CLASS  B
 MULTIPLE DWELLING OPERATING AS A HOTEL COMPRISING FEWER THAN ONE HUNDRED
 FIFTY  ROOMS,  THAT  IS  CONVERTED  TO A PROPERTY THAT IS (A)  PART OF A
 STATE  AFFORDABLE HOUSING PLAN OR AGREEMENT WITH THE DEPARTMENT OF HOMES
 AND COMMUNITY RENEWAL TO PROVIDE A MINIMUM OF  TWENTY  PERCENT  OF  SUCH
 HOUSING UNITS CREATED AS AFFORDABLE HOUSING, OR (B) IS TO BE OPERATED AS
 A SUPPORTIVE HOUSING FACILITY THAT IS UNDER A CONTRACT WITH ANY STATE OR
 CITY  AGENCY  TO  PROVIDE  HOUSING AND SUPPORTIVE SERVICES FOR ANY POPU-
 LATION, OR (C) WILL INSTEAD PROVIDE AN AMOUNT NECESSARY TO  SUPPORT  THE
 CREATION  OR  PRESERVATION OF AFFORDABLE HOUSING OR PREVENT HOMELESSNESS
 AS DETERMINED BY THE COMMISSIONER OF THE DEPARTMENT OF HOMES AND  COMMU-
 NITY  RENEWAL AND IS LOCATED ON TAX LOTS IN THE CITY OF NEW YORK ALREADY
 EXISTING OR CREATED UPON THE EFFECTIVE DATE  OF  THIS  SECTION,  IN  ANY
 BOROUGH  OUTSIDE  OF  MANHATTAN,  OR  WITHIN  THE  FOLLOWING AREA IN THE
 BOROUGH OF MANHATTAN, BEGINNING AT THE INTERSECTION OF THE UNITED STATES
 PIERHEAD LINE IN THE HUDSON RIVER AND THE CENTER LINE OF CHAMBERS STREET
 EXTENDED, THENCE EASTERLY TO THE CENTER  LINE  OF  CHAMBERS  STREET  AND
 CONTINUING  ALONG  THE CENTER LINE OF CHAMBERS STREET TO THE CENTER LINE
 OF CENTRE STREET, THENCE SOUTHERLY  ALONG  THE  CENTER  LINE  OF  CENTRE
 STREET  TO THE CENTER LINE OF THE BROOKLYN BRIDGE TO THE INTERSECTION OF
 THE BROOKLYN BRIDGE AND THE UNITED STATES  PIERHEAD  LINE  IN  THE  EAST
 RIVER,  THENCE  NORTHERLY  ALONG  THE UNITED STATES PIERHEAD LINE IN THE
 EAST RIVER TO THE INTERSECTION OF THE UNITED STATES PIERHEAD LINE IN THE
 EAST RIVER AND THE CENTER LINE OF ONE  HUNDRED  TENTH  STREET  EXTENDED,
 THENCE  WESTERLY  TO  THE  CENTER  LINE  OF ONE HUNDRED TENTH STREET AND
 CONTINUING ALONG THE CENTER LINE OF ONE  HUNDRED  TENTH  STREET  TO  ITS
 WESTERLY  TERMINUS,  THENCE  WESTERLY  TO THE INTERSECTION OF THE CENTER
 LINE OF ONE HUNDRED TENTH STREET EXTENDED AND THE UNITED STATES PIERHEAD
 LINE IN THE HUDSON RIVER, THENCE SOUTHERLY ALONG THE UNITED STATES PIER-
 HEAD LINE IN THE HUDSON RIVER TO THE POINT OF BEGINNING.
   4. COMMERCIAL OFFICE BUILDINGS. THE PROVISIONS OF THIS  SECTION  SHALL
 APPLY  TO  ANY CONVERSION OF OR ALTERATION OR IMPROVEMENT TO ANY COMMER-
 CIAL OFFICE BUILDING WHICH IS GRADED BASED UPON ITS MARKET RATE PRICE AS
 "CLASS B OR CLASS C" PROPERTIES WITHIN THE AREA BETWEEN  9TH  AVENUE  ON
 THE  WESTERLY SIDE, AND PARK AVENUE ON THE EASTERLY SIDE, UTILIZING 60TH
 STREET AS A NORTHERLY BORDER AND 14TH  STREET  TO  THE  SOUTH,  TOGETHER
 ENCOMPASSING  A  CENTRAL BUSINESS DISTRICT PROVIDED THAT UPON CONVERSION
 OR ALTERATION OR IMPROVEMENT SUCH NEW USE IS EITHER: (A) PART OF A STATE
 AFFORDABLE HOUSING PLAN OR AGREEMENT WITH THE DEPARTMENT  OF  HOMES  AND
 COMMUNITY RENEWAL TO PROVIDE A MINIMUM OF TWENTY PERCENT OF SUCH HOUSING
 UNITS  CREATED  AS AFFORDABLE HOUSING, OR (B) TO OPERATE AS A SUPPORTIVE
 HOUSING FACILITY THAT IS UNDER A CONTRACT WITH ANY STATE OR CITY  AGENCY
 TO PROVIDE HOUSING AND SUPPORTIVE SERVICES FOR ANY POPULATION, OR (C) TO
 PROVIDE  AN  AMOUNT NECESSARY TO SUPPORT THE CREATION OR PRESERVATION OF
 AFFORDABLE HOUSING OR PREVENT HOMELESSNESS AS DETERMINED BY THE  COMMIS-
 SIONER OF THE DEPARTMENT OF HOMES AND COMMUNITY RENEWAL.
   §  2. This act shall take effect immediately and shall expire December
 31, 2026 when upon such date the provisions of this act shall be  deemed
 repealed, provided however, that no variance shall be required to obtain
 a  certificate of occupancy if such building satisfied the provisions of
 this act upon commencement, nor shall any other administrative action be
 required upon completion should this provision have otherwise expired.
 
                                  PART M

 S. 2508                            27                            A. 3008
 
   Section 1. Section 3 of part S of chapter 58  of  the  laws  of  2016,
 relating to transferring the statutory authority for the promulgation of
 marketing  orders  from the department of agriculture and markets to the
 New York state urban development corporation, as amended by section 1 of
 part Y of chapter 58 of the laws of 2018, is amended to read as follows:
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law [and shall expire and  be  deemed  repealed  July  31,
 2021]; provided, however, that any assessment due and payable under such
 marketing  orders shall be remitted to the urban development corporation
 starting 30 days after such effective date.
   § 2.  This act shall take effect immediately.

                                  PART N
 
   Section 1. Section 2 of chapter 21 of the laws of 2003,  amending  the
 executive  law  relating to permitting the secretary of state to provide
 special handling for all documents filed or issued by  the  division  of
 corporations  and to permit additional levels of such expedited service,
 as amended by section 1 of part R of chapter 58 of the laws of 2020,  is
 amended to read as follows:
   §  2.  This  act shall take effect immediately, provided however, that
 section one of this act shall be deemed to have been in full  force  and
 effect on and after April 1, 2003 [and shall expire March 31, 2021].
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after March 31, 2021.
 
                                  PART O

   Section 1. Paragraph (d) of section 304 of  the  business  corporation
 law is amended to read as follows:
   (d) Any  designated  [post-office]  POST  OFFICE  address to which the
 secretary of state shall mail a copy of process served upon him  OR  HER
 as  agent  of  a  domestic  corporation  or a foreign corporation, shall
 continue until the filing of a certificate  OR  OTHER  INSTRUMENT  under
 this  chapter  directing  the  mailing to a different [post-office] POST
 OFFICE address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH  THE  SECRETARY
 OF  STATE SHALL EMAIL NOTICE OF THE FACT THAT PROCESS HAS BEEN ELECTRON-
 ICALLY SERVED UPON HIM OR HER AS AGENT  OF  A  DOMESTIC  CORPORATION  OR
 FOREIGN  CORPORATION SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR
 OTHER INSTRUMENT UNDER THIS  CHAPTER  CHANGING  OR  DELETING  THE  EMAIL
 ADDRESS.
   §  2.  Subparagraph  1 of paragraph (b) of section 306 of the business
 corporation law, as amended by chapter 419  of  the  laws  of  1990,  is
 amended to read as follows:
   (1)  Service of process on the secretary of state as agent of a domes-
 tic or authorized foreign corporation shall be made [by  personally]  IN
 THE  MANNER  PROVIDED  BY  CLAUSE  (I) OR (II) OF THIS SUBPARAGRAPH. (I)
 PERSONALLY delivering to and leaving with the secretary of  state  or  a
 deputy,  or  with  any  person  authorized  by the secretary of state to
 receive such service, at the office of the department of  state  in  the
 city of Albany, duplicate copies of such process together with the stat-
 utory fee, which fee shall be a taxable disbursement. Service of process
 on  such corporation shall be complete when the secretary of state is so
 served. The secretary of state shall promptly send one of such copies by
 certified mail, return receipt requested, to such  corporation,  at  the
 post  office  address, on file in the department of state, specified for

 S. 2508                            28                            A. 3008
 
 the purpose. If a domestic or authorized foreign corporation has no such
 address on file in the department of state, the secretary of state shall
 so mail such copy, in the case of a domestic corporation, in care of any
 director  named  in  its  certificate of incorporation at the director's
 address stated therein or, in the case of an authorized  foreign  corpo-
 ration,  to  such  corporation  at the address of its office within this
 state on file in the department. (II) ELECTRONICALLY SUBMITTING  A  COPY
 OF  THE  PROCESS  TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY
 FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT,  THROUGH  AN  ELECTRONIC
 SYSTEM  OPERATED  BY  THE  DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR
 AUTHORIZED FOREIGN CORPORATION HAS AN  EMAIL  ADDRESS  ON  FILE  IN  THE
 DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE
 OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY
 OF  STATE. SERVICE OF PROCESS ON SUCH CORPORATION SHALL BE COMPLETE WHEN
 THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF  SUCH  PROC-
 ESS.  THE  SECRETARY  OF  STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT
 THAT PROCESS HAS BEEN SERVED TO SUCH CORPORATION AT THE EMAIL ADDRESS ON
 FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR  THE  PURPOSE  AND  SHALL
 MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH CORPORATION.
   §  3.  The  opening  paragraph  of paragraph (b) of section 307 of the
 business corporation law is amended to read as follows:
   Service of such process upon the secretary of state shall be made  [by
 personally]  IN  THE  MANNER PROVIDED BY SUBPARAGRAPH ONE OR TWO OF THIS
 PARAGRAPH. (1) PERSONALLY delivering to and  leaving  with  him  or  his
 deputy,  or  with  any  person  authorized  by the secretary of state to
 receive such service, at the office of the department of  state  in  the
 city  of Albany, a copy of such process together with the statutory fee,
 which fee shall be a taxable disbursement. (2) ELECTRONICALLY SUBMITTING
 A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STAT-
 UTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH  AN  ELEC-
 TRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE. Such service shall be
 sufficient if notice thereof and a copy of the process are:
   §  4.  Subparagraph  7 of paragraph (a) of section 402 of the business
 corporation law is amended to read as follows:
   (7) A designation of the secretary of state as  agent  of  the  corpo-
 ration  upon  whom  process against it may be served and the post office
 address within or without this state to which  the  secretary  of  state
 shall  mail a copy of any process against it served upon him OR HER. THE
 CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE
 SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN  ELEC-
 TRONICALLY SERVED UPON HIM OR HER.
   §  5.  Paragraph (b) of section 801 of the business corporation law is
 amended by adding a new subparagraph 15 to read as follows:
   (15) TO SPECIFY, CHANGE OR DELETE  THE  EMAIL  ADDRESS  TO  WHICH  THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  6.  Paragraph (b) of section 803 of the business corporation law is
 amended by adding a new subparagraph 4 to read as follows:
   (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE-
 TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST  THE
 CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  7.  Paragraph (b) of section 805-A of the business corporation law,
 as added by chapter 725 of the laws of  1964,  is  amended  to  read  as
 follows:
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against

 S. 2508                            29                            A. 3008
 
 a  corporation served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH
 THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF  THE  FACT  THAT  PROCESS
 AGAINST  IT  HAS  BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE
 AND/OR  the address of the registered agent, provided such address being
 changed is the address of a person,  partnership  or  other  corporation
 whose  address, as agent, is the address to be changed, AND/OR THE EMAIL
 ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON,  PARTNERSHIP  OR
 CORPORATION  WHOSE  EMAIL  ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE
 CHANGED, or who has been designated as registered agent for such  corpo-
 ration,  may  be  signed[,  verified] and delivered to the department of
 state by such agent. The certificate  of  change  shall  set  forth  the
 statements  required  under  subparagraphs  (a) (1), (2) and (3) of this
 section; that a notice of the proposed change was mailed to  the  corpo-
 ration  by  the  party signing the certificate not less than thirty days
 prior to the date of delivery to the department  and  that  such  corpo-
 ration  has not objected thereto; and that the party signing the certif-
 icate is the agent of such corporation to whose address the secretary of
 state is required to mail copies of process [or], AND/OR  THE  AGENT  OF
 THE  CORPORATION  TO  WHOSE  EMAIL  ADDRESS  THE  SECRETARY  OF STATE IS
 REQUIRED TO MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT  HAS  BEEN
 ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered
 agent,  if such be the case. A certificate signed[, verified] and deliv-
 ered under this paragraph shall not be deemed  to  effect  a  change  of
 location  of  the office of the corporation in whose behalf such certif-
 icate is filed.
   § 8. Subparagraph 8 of paragraph (a) of section 904-a of the  business
 corporation  law,  as  amended  by  chapter  177 of the laws of 2008, is
 amended to read as follows:
   (8) If the surviving or resulting entity is a foreign  corporation  or
 other  business  entity,  a designation of the secretary of state as its
 agent upon whom process against it may be served in the manner set forth
 in paragraph (b) of section three hundred six of this  chapter,  in  any
 action or special proceeding, and a post office address, within or with-
 out this state, to which the secretary of state shall mail a copy of any
 process  against  it served upon him OR HER. THE CORPORATION MAY INCLUDE
 AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF
 THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM
 OR HER.   Such post office address shall  supersede  any  prior  address
 designated  as  the  address  to  which process shall be mailed AND SUCH
 EMAIL ADDRESS SHALL SUPERSEDE ANY PRIOR EMAIL ADDRESS DESIGNATED AS  THE
 EMAIL ADDRESS TO WHICH A NOTICE SHALL BE SENT;
   §  9.  Clause (G) of subparagraph 2 of paragraph (e) of section 907 of
 the business corporation law, as amended by chapter 494 of the  laws  of
 1997, is amended to read as follows:
   (G)  A  designation  of  the secretary of state as its agent upon whom
 process against it may be served in the manner set  forth  in  paragraph
 (b)  of  section  306  (Service  of  process),  in any action or special
 proceeding, and a post office address, within or without this state,  to
 which the secretary of state shall mail a copy of any process against it
 served  upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO
 WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC-
 ESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM  OR  HER.    Such
 post  office address shall supersede any prior address designated as the
 address to which process shall be mailed AND SUCH  EMAIL  ADDRESS  SHALL
 SUPERSEDE  ANY  PRIOR  EMAIL  ADDRESS DESIGNATED AS THE EMAIL ADDRESS TO
 WHICH A NOTICE SHALL BE SENT.

 S. 2508                            30                            A. 3008
 
   § 10. Subparagraph 6 of paragraph (a) of section 1304 of the  business
 corporation  law,  as  amended by chapter 684 of the laws of 1963 and as
 renumbered by chapter 590 of the laws of 1982, is  amended  to  read  as
 follows:
   (6)  A  designation  of  the secretary of state as its agent upon whom
 process against it may be served and the post office address  within  or
 without  this state to which the secretary of state shall mail a copy of
 any process against it served upon  him  OR  HER.  THE  CORPORATION  MAY
 INCLUDE  AN  EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A
 NOTICE OF THE FACT THAT  PROCESS  AGAINST  IT  HAS  BEEN  ELECTRONICALLY
 SERVED UPON HIM OR HER.
   § 11. Paragraph (a) of section 1308 of the business corporation law is
 amended by adding a new subparagraph 10 to read as follows:
   (10)  TO  SPECIFY,  CHANGE  OR  DELETE  THE EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   § 12. Paragraph (c) of section 1309-A of the business corporation law,
 as amended by chapter 172 of the laws of 1999,  is  amended  and  a  new
 subparagraph 4 is added to paragraph (a) to read as follows:
   (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE-
 TARY  OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE
 CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   (c) A certificate of change of application for authority which changes
 only the post office address to which the secretary of state shall  mail
 a  copy  of any process against an authorized foreign corporation served
 upon him or HER, AND/OR THE EMAIL ADDRESS  TO  WHICH  THE  SECRETARY  OF
 STATE  SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN
 ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE AND/OR  which  changes
 the  address  of  its  registered  agent,  provided  such address is the
 address of a person, partnership or other corporation whose address,  as
 agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING
 CHANGED  IS  THE  EMAIL  ADDRESS OF A PERSON, PARTNERSHIP OR CORPORATION
 WHOSE EMAIL ADDRESS, AS AGENT, IS  THE  EMAIL  ADDRESS  TO  BE  CHANGED,
 AND/OR  who  has been designated as registered agent for such authorized
 foreign corporation, may be signed and delivered to  the  department  of
 state  by  such  agent.  The  certificate  of  change of application for
 authority shall set forth the statements  required  under  subparagraphs
 (1), (2), (3) and (4) of paragraph (b) of this section; that a notice of
 the  proposed  change was mailed by the party signing the certificate to
 the authorized foreign corporation not less than thirty  days  prior  to
 the date of delivery to the department and that such corporation has not
 objected  thereto;  and  that  the  party signing the certificate is the
 agent of such foreign corporation to  whose  address  the  secretary  of
 state  is  required  to mail copies of process [or], AND/OR THE AGENT OF
 SUCH FOREIGN CORPORATION TO WHOSE EMAIL ADDRESS THE SECRETARY  OF  STATE
 IS  REQUIRED  TO  MAIL  A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS
 BEEN ELECTRONICALLY SERVED ON THE SECRETARY OF STATE AND/OR  the  regis-
 tered  agent,  if  such  be the case. A certificate signed and delivered
 under this paragraph shall not be deemed to effect a change of  location
 of  the  office  of  the corporation in whose behalf such certificate is
 filed.
   § 13. Subparagraph 6 of paragraph (a) and  paragraph  (d)  of  section
 1310 of the business corporation law, the opening paragraph of paragraph
 (d)  as  amended by chapter 172 of the laws of 1999, are amended to read
 as follows:

 S. 2508                            31                            A. 3008
 
   (6) A post office address within or without this state  to  which  the
 secretary  of  state  shall mail a copy of any process against it served
 upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS  TO  WHICH
 THE  SECRETARY  OF  STATE  SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS
 AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   (d)  The  post office address AND/OR THE EMAIL ADDRESS specified under
 subparagraph (6) of paragraph (a) of this  section  may  be  changed.  A
 certificate,  entitled  "Certificate  of  amendment  of  certificate  of
 surrender of authority of ........ (name of corporation)  under  section
 1310  of  the  Business Corporation Law", shall be signed as provided in
 paragraph (a) of this section and delivered to the department of  state.
 It shall set forth:
   (1) The name of the foreign corporation.
   (2) The jurisdiction of its incorporation.
   (3)  The  date  its certificate of surrender of authority was filed by
 the department of state.
   (4) The changed post office address, within or without this state,  to
 which the secretary of state shall mail a copy of any process against it
 served  upon  him  OR  HER AND/OR THE CHANGED EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   § 14. Section 1311 of the business  corporation  law,  as  amended  by
 chapter 375 of the laws of 1998, is amended to read as follows:
 § 1311. Termination of existence.
   When  an  authorized foreign corporation is dissolved or its authority
 or existence is otherwise terminated or cancelled in the jurisdiction of
 its incorporation or when such foreign corporation  is  merged  into  or
 consolidated  with  another  foreign  corporation,  a certificate of the
 secretary of state, or official performing the equivalent function as to
 corporate records, of the jurisdiction of incorporation of such  foreign
 corporation attesting to the occurrence of any such event or a certified
 copy of an order or decree of a court of such jurisdiction directing the
 dissolution  of  such foreign corporation, the termination of its exist-
 ence or the cancellation of its authority  shall  be  delivered  to  the
 department  of  state.  The  filing  of the certificate, order or decree
 shall have the same effect as the filing of a certificate  of  surrender
 of  authority under section 1310 (Surrender of authority). The secretary
 of state shall continue as agent of the foreign  corporation  upon  whom
 process  against  it  may be served in the manner set forth in paragraph
 (b) of section 306 (Service  of  process),  in  any  action  or  special
 proceeding  based  upon  any  liability  or  obligation  incurred by the
 foreign corporation within this  state  prior  to  the  filing  of  such
 certificate,  order  or decree and he OR SHE shall promptly cause a copy
 of any such process to be mailed by [registered] CERTIFIED mail,  return
 receipt  requested,  to  such  foreign  corporation  at  the post office
 address on file in his OR HER office specified for  such  purpose  OR  A
 NOTICE  OF  THE  FACT  THAT PROCESS AGAINST SUCH FOREIGN CORPORATION HAS
 BEEN SERVED ON HIM OR HER TO BE EMAILED TO THE  FOREIGN  CORPORATION  AT
 THE  EMAIL  ADDRESS  ON  FILE  IN  HIS  OR HER OFFICE SPECIFIED FOR SUCH
 PURPOSE.  The post office address AND/OR EMAIL ADDRESS may be changed by
 signing and delivering to the  department  of  state  a  certificate  of
 change  setting  forth  the  statements  required  under  section 1309-A
 (Certificate of change; contents) to effect a change in the post  office
 address AND/OR EMAIL ADDRESS under subparagraph (a) [(4)] (7) OR (10) of
 section 1308 (Amendments or changes).

 S. 2508                            32                            A. 3008
 
   §  15.  Subdivisions 2 and 3 of section 18 of the general associations
 law, as amended by chapter 13 of the laws of 1938, are amended  to  read
 as follows:
   2.    Every association doing business within this state shall file in
 the department of state a certificate in its associate name, signed  and
 acknowledged  by  its  president,  or a vice-president, or secretary, or
 treasurer, or managing director, or trustee, designating  the  secretary
 of  state  as  an  agent  upon  whom process in any action or proceeding
 against the association may be served within  this  state,  and  setting
 forth  an  address  to which the secretary of state shall mail a copy of
 any process against the association which may be served upon him OR  HER
 pursuant  to law.  THE ASSOCIATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH
 THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF  THE  FACT  THAT  PROCESS
 AGAINST  IT  HAS  BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Annexed to
 the certificate of designation shall be a  statement,  executed  in  the
 same  manner  as  the  certificate is required to be executed under this
 section, which shall set forth:
   (a)  the names and places of residence of its officers and trustees
   (b)  its principal place of business
   (c)  the place where its office within this state is  located  and  if
 such  place  be  in a city, the location thereof by street and number or
 other particular description.
   3. Any association, from time to time, may change the address to which
 the secretary of state is directed to mail copies of process OR SPECIFY,
 CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL
 EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE ASSOCIATION HAS BEEN
 ELECTRONICALLY SERVED UPON HIM OR HER, by filing  a  statement  to  that
 effect,  executed,  signed  and acknowledged in like manner as a certif-
 icate of designation as herein provided.
   § 16. Section 19 of the general associations law, as amended by  chap-
 ter 166 of the laws of 1991, is amended to read as follows:
   §  19.  Service  of process. Service of process against an association
 upon the secretary of state shall be made [by personally] IN THE  MANNER
 PROVIDED  BY  SUBDIVISION  ONE  OR  TWO  OF THIS SECTION. (1) PERSONALLY
 delivering to and leaving with him [or a deputy secretary of state or an
 associate attorney, senior attorney or attorney in the corporation divi-
 sion of the department of state] OR HER OR WITH A PERSON  AUTHORIZED  BY
 THE SECRETARY OF STATE TO RECEIVE SUCH SERVICE, duplicate copies of such
 process  at the office of the department of state in the city of Albany.
 At the time of such service the plaintiff  shall  pay  a  fee  of  forty
 dollars to the secretary of state which shall be a taxable disbursement.
 [If  the  cost of registered mail for transmitting a copy of the process
 shall exceed two dollars, an additional fee equal to such  excess  shall
 be  paid  at  the time of the service of such process.] The secretary of
 state shall [forthwith] PROMPTLY send by [registered] CERTIFIED mail one
 of such copies to the association at the address fixed for that purpose,
 as herein provided.  (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS
 TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY  FEE,  WHICH  FEE
 SHALL  BE  A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED
 BY THE DEPARTMENT OF  STATE,  PROVIDED  THE  ASSOCIATION  HAS  AN  EMAIL
 ADDRESS  ON  FILE  IN  THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF
 STATE SHALL EMAIL A NOTICE OF THE FACT  THAT  PROCESS  HAS  BEEN  SERVED
 ELECTRONICALLY  ON  THE  SECRETARY  OF STATE. SERVICE OF PROCESS ON SUCH
 ASSOCIATION SHALL BE COMPLETE WHEN THE SECRETARY OF STATE  HAS  REVIEWED
 AND  ACCEPTED  SERVICE  OF  SUCH PROCESS.   THE SECRETARY OF STATE SHALL
 PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH ASSOCIATION

 S. 2508                            33                            A. 3008
 
 HAS BEEN SERVED ELECTRONICALLY UPON HIM OR HER, TO SUCH  ASSOCIATION  AT
 THE  EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE
 PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO  SUCH  ASSOCI-
 ATION.  If  the action or proceeding is instituted in a court of limited
 jurisdiction, service of process may be made in the manner  provided  in
 this  section if the cause of action arose within the territorial juris-
 diction of the court and the office of the defendant, as  set  forth  in
 its  statement  filed  pursuant  to section eighteen of this chapter, is
 within such territorial jurisdiction.
   § 17. Paragraph 4 of subdivision (e) of section  203  of  the  limited
 liability  company  law, as added by chapter 470 of the laws of 1997, is
 amended to read as follows:
   (4) a designation of the secretary of state as agent  of  the  limited
 liability  company  upon  whom  process against it may be served and the
 post office address within or without this state to which the  secretary
 of  state shall mail a copy of any process against the limited liability
 company served upon him  or  her.  THE  LIMITED  LIABILITY  COMPANY  MAY
 INCLUDE  AN  EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A
 NOTICE OF THE FACT THAT  PROCESS  AGAINST  IT  HAS  BEEN  ELECTRONICALLY
 SERVED UPON HIM OR HER;
   §  18. Subdivision (d) of section 211 of the limited liability company
 law is amended by adding a new paragraph 10 to read as follows:
   (10) TO SPECIFY, CHANGE OR DELETE  THE  EMAIL  ADDRESS  TO  WHICH  THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE LIMITED LIABILITY COMPANY HAS BEEN ELECTRONICALLY SERVED UPON HIM OR
 HER.
   §  19. Section 211-A of the limited liability company law, as added by
 chapter 448 of the laws of 1998, is amended to read as follows:
   § 211-A. Certificate of change. (a) A limited  liability  company  may
 amend  its  articles of organization from time to time to (i) specify or
 change the location of the  limited  liability  company's  office;  (ii)
 specify  or  change  the  post  office address to which the secretary of
 state shall mail a copy of any process  against  the  limited  liability
 company  served  upon  him OR HER; [and] (iii) SPECIFY, CHANGE OR DELETE
 THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL  A  NOTICE
 OF  THE FACT THAT PROCESS AGAINST THE LIMITED LIABILITY COMPANY HAS BEEN
 ELECTRONICALLY SERVED UPON HIM OR HER; AND (IV) make, revoke  or  change
 the  designation of a registered agent, or specify or change the address
 of the registered agent. Any one or more  such  changes  may  be  accom-
 plished  by  filing  a  certificate  of  change  which shall be entitled
 "Certificate of Change of ....... (name of  limited  liability  company)
 under  section  211-A of the Limited Liability Company Law" and shall be
 signed and delivered to the department of state. It shall set forth:
   (1) the name of the limited liability company,  and  if  it  has  been
 changed, the name under which it was formed;
   (2) the date the articles of organization were filed by the department
 of state; and
   (3) each change effected thereby.
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 a  limited  liability  company  served upon him or HER, AND/OR THE EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON  THE  SECRE-
 TARY  OF STATE AND/OR the address of the registered agent, provided such
 address being changed, AND/OR THE EMAIL ADDRESS  BEING  CHANGED  IS  THE
 EMAIL  ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL

 S. 2508                            34                            A. 3008
 
 ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, is the address of
 a person, partnership or corporation whose address,  as  agent,  is  the
 address to be changed or who has been designated as registered agent for
 such  limited  liability  company  may  be  signed  and delivered to the
 department of state by such agent. The certificate of change  shall  set
 forth  the  statements  required  under subdivision (a) of this section;
 that a notice of the proposed change was mailed to the domestic  limited
 liability  company  by  the  party signing the certificate not less than
 thirty days prior to the date of delivery to the department of state and
 that such domestic limited liability company has not  objected  thereto;
 and  that the party signing the certificate is the agent of such limited
 liability company to whose address the secretary of state is required to
 mail copies of process, AND/OR THE AGENT OF THE LIMITED LIABILITY COMPA-
 NY TO WHOSE EMAIL ADDRESS OF THE   SECRETARY OF  STATE  IS  REQUIRED  TO
 EMAIL  A  NOTICE  OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRON-
 ICALLY SERVED UPON THE SECRETARY OF STATE, or the registered  agent,  if
 such be the case. A certificate signed and delivered under this subdivi-
 sion shall not be deemed to effect a change of location of the office of
 the limited liability company in whose behalf such certificate is filed.
   §  20. Subdivision (c) of section 301 of the limited liability company
 law is amended to read as follows:
   (c) Any designated post office address to which the secretary of state
 shall mail a copy of process served upon him or her as agent of a domes-
 tic limited liability company or a  foreign  limited  liability  company
 shall  continue  until  the  filing of a certificate OR OTHER INSTRUMENT
 under this chapter directing the mailing  to  a  different  post  office
 address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE
 SHALL  EMAIL  A  NOTICE OF THE FACT THAT PROCESS HAS BEEN ELECTRONICALLY
 SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC LIMITED LIABILITY  COMPANY
 OR FOREIGN LIMITED LIABILITY COMPANY, SHALL CONTINUE UNTIL THE FILING OF
 A  CERTIFICATE OR OTHER INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELET-
 ING SUCH EMAIL ADDRESS.
   § 21. Subdivision (a) of section 303 of the limited liability  company
 law,  as  relettered  by  chapter 341 of the laws of 1999, is amended to
 read as follows:
   (a) Service of process on the secretary of state as agent of a  domes-
 tic  limited  liability  company or authorized foreign limited liability
 company shall be made [by personally] IN THE MANNER  PROVIDED  BY  PARA-
 GRAPH  ONE OR TWO OF THIS SUBDIVISION.  (1) PERSONALLY delivering to and
 leaving with the secretary of state or his or her deputy,  or  with  any
 person  authorized by the secretary of state to receive such service, at
 the office of the department of state in the city of  Albany,  duplicate
 copies  of such process together with the statutory fee, which fee shall
 be a taxable disbursement. Service of process on such limited  liability
 company  shall be complete when the secretary of state is so served. The
 secretary of state shall promptly send one of such copies  by  certified
 mail, return receipt requested, to such limited liability company at the
 post  office  address  on  file in the department of state specified for
 that purpose. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE
 DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL  BE
 A  TAXABLE  DISBURSEMENT,  THROUGH  AN ELECTRONIC SYSTEM OPERATED BY THE
 DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED FOREIGN LIMITED
 LIABILITY COMPANY HAS AN EMAIL ADDRESS ON  FILE  IN  THE  DEPARTMENT  OF
 STATE  TO  WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY  OF  STATE.
 SERVICE  OF  PROCESS ON SUCH LIMITED LIABILITY COMPANY SHALL BE COMPLETE

 S. 2508                            35                            A. 3008
 
 WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED  SERVICE  OF  SUCH
 PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT
 THAT  PROCESS  AGAINST  SUCH  LIMITED  LIABILITY COMPANY HAS BEEN SERVED
 ELECTRONICALLY  ON  HIM  OR HER TO SUCH LIMITED LIABILITY COMPANY AT THE
 EMAIL ADDRESS ON FILE IN THE DEPARTMENT  OF  STATE,  SPECIFIED  FOR  THE
 PURPOSE  AND  SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH LIMITED
 LIABILITY COMPANY.
   § 22. Subdivision (b) of section 304 of the limited liability  company
 law is amended to read as follows:
   (b)  Service of such process upon the secretary of state shall be made
 [by personally] IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO  OF  THIS
 SUBDIVISION.
   (1)  PERSONALLY  delivering to and leaving with the secretary of state
 or his or her deputy, or with any person authorized by the secretary  of
 state  to receive such service, at the office of the department of state
 in the city of Albany, a copy of such process together with the statuto-
 ry fee, which fee shall be a taxable disbursement.
   (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE  DEPARTMENT
 OF  STATE  TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE
 DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF
 STATE.
   § 23. Paragraph 4 of subdivision (a) of section  802  of  the  limited
 liability company law, as amended by chapter 470 of the laws of 1997, is
 amended to read as follows:
   (4)  a  designation  of  the secretary of state as its agent upon whom
 process against it may be served and the post office address  within  or
 without  this state to which the secretary of state shall mail a copy of
 any process against it served upon him or  her.  THE  LIMITED  LIABILITY
 COMPANY  MAY  INCLUDE  AN  EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE
 SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN  ELEC-
 TRONICALLY SERVED UPON HIM OR HER;
   §  24. Section 804-A of the limited liability company law, as added by
 chapter 448 of the laws of 1998, is amended to read as follows:
   § 804-A. Certificate of change. (a) A foreign limited liability compa-
 ny may amend its application for authority from  time  to  time  to  (i)
 specify  or  change  the  location  of  the  limited liability company's
 office; (ii) specify or change the post  office  address  to  which  the
 secretary  of state shall mail a copy of any process against the limited
 liability company served upon him OR HER; [and] (iii) SPECIFY, CHANGE OR
 DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL  EMAIL  A
 NOTICE  OF  THE  FACT THAT PROCESS AGAINST THE LIMITED LIABILITY COMPANY
 HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; AND (IV) to make, revoke
 or change the designation of a registered agent, or to specify or change
 the address of a registered agent. Any one or more such changes  may  be
 accomplished  by  filing a certificate of change which shall be entitled
 "Certificate of Change of ........ (name of limited  liability  company)
 under  section  804-A of the Limited Liability Company Law" and shall be
 signed and delivered to the department of state. It shall set forth:
   (1) the name of the foreign limited liability company and, if applica-
 ble, the fictitious name the limited liability company has agreed to use
 in this state pursuant to section eight hundred two of this article;
   (2) the date its application for authority was filed by the department
 of state; and
   (3) each change effected thereby,
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against

 S. 2508                            36                            A. 3008
 
 a foreign limited liability company served upon him or HER,  AND/OR  THE
 EMAIL  ADDRESS  TO  WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF
 THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE
 SECRETARY OF STATE, AND/OR the address of the registered agent, provided
 such  address  being  changed is the address of a person, partnership or
 corporation whose address, as agent,  is  the  address  to  be  changed,
 AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON,
 PARTNERSHIP  OR  OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE
 EMAIL ADDRESS TO BE CHANGED, or who has been  designated  as  registered
 agent  for such limited liability company may be signed and delivered to
 the department of state by such agent. The certificate of  change  shall
 set forth the statements required under subdivision (a) of this section;
 that  a  notice of the proposed change was mailed to the foreign limited
 liability company by the party signing the  certificate  not  less  than
 thirty days prior to the date of delivery to the department of state and
 that  such  foreign  limited liability company has not objected thereto;
 and that the party signing the certificate is the agent of such  foreign
 limited  liability  company  to  whose address the secretary of state is
 required to mail copies of process, AND/OR THE  AGENT  OF  SUCH  FOREIGN
 LIMITED  LIABILITY COMPANY TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE
 IS REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS  AGAINST  IT  HAS
 BEEN  ELECTRONICALLY  SERVED  UPON THE SECRETARY OF STATE, or the regis-
 tered agent, if such be the case. A  certificate  signed  and  delivered
 under  this  subdivision  shall  not  be  deemed  to  effect a change of
 location of the office of the foreign limited liability company in whose
 behalf such certificate is filed.
   § 25. Paragraph 6 of subdivision (b) of section  806  of  the  limited
 liability company law is amended to read as follows:
   (6)  a  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process  against  it  served
 upon  him  or  her.   THE LIMITED LIABILITY COMPANY MAY INCLUDE AN EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   § 26. Section 807 of the limited liability company law is  amended  to
 read as follows:
   §  807.  Termination  of  existence.  When a foreign limited liability
 company that has received a certificate of authority is dissolved or its
 authority to conduct its business or existence is  otherwise  terminated
 or  canceled  in  the jurisdiction of its formation or when such foreign
 limited liability company is merged into or  consolidated  with  another
 foreign limited liability company, (a) a certificate of the secretary of
 state  or  official  performing  the  equivalent  function as to limited
 liability company records in the jurisdiction of  organization  of  such
 limited  liability company attesting to the occurrence of any such event
 or (b) a certified copy of an order or decree of a court of such  juris-
 diction  directing  the  dissolution  of  such foreign limited liability
 company, the termination of  its  existence  or  the  surrender  of  its
 authority  shall  be delivered to the department of state. The filing of
 the certificate, order or decree shall  have  the  same  effect  as  the
 filing  of  a  certificate of surrender of authority under section eight
 hundred six of this article. The secretary of state  shall  continue  as
 agent of the foreign limited liability company upon whom process against
 it  may be served in the manner set forth in article three of this chap-
 ter, in any action or proceeding based upon any liability or  obligation
 incurred  by  the  foreign  limited  liability company within this state
 prior to the filing of such  certificate,  order  or  decree.  The  post

 S. 2508                            37                            A. 3008
 
 office  address  AND/OR  EMAIL ADDRESS may be changed by filing with the
 department of state a  certificate  of  amendment  under  section  eight
 hundred four of this article.
   §  27.  Paragraph 11 of subdivision (a) of section 1003 of the limited
 liability company law, as amended by chapter 374 of the laws of 1998, is
 amended to read as follows:
   (11) a designation of the secretary of state as its  agent  upon  whom
 process  against  it  may  be  served in the manner set forth in article
 three of this chapter in any action or special proceeding,  and  a  post
 office  address, within or without this state, to which the secretary of
 state shall mail a copy of any process served upon  him  or  her.    THE
 LIMITED  LIABILITY  COMPANY  MAY  INCLUDE  AN EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 IT HAS BEEN ELECTRONICALLY SERVED UPON HIM  OR  HER.  Such  post  office
 address OR EMAIL ADDRESS shall supersede any prior address designated as
 the address to which process shall be mailed OR A NOTICE EMAILED;
   §  28.  Paragraph  6 of subdivision (a) of section 1306 of the limited
 liability company law is amended to read as follows:
   (6) a designation of the secretary of state as  its  agent  upon  whom
 process  against  it may be served and the post office address within or
 without this state to which the secretary of state shall mail a copy  of
 any  process  against  it  served upon him or her. THE LIMITED LIABILITY
 COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH  THE  SECRETARY  OF  STATE
 SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC-
 TRONICALLY SERVED UPON HIM OR HER; and
   § 29. Paragraph (d) of section 304 of the  not-for-profit  corporation
 law,  as  amended by chapter 358 of the laws of 2015, is amended to read
 as follows:
   (d) Any designated post-office address to which the secretary of state
 shall mail a copy of process served upon him or her as agent of a domes-
 tic corporation formed under article four of  this  chapter  or  foreign
 corporation,  shall  continue until the filing of a certificate OR OTHER
 INSTRUMENT under this chapter directing the mailing to a different post-
 office address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH  THE  SECRETARY
 OF  STATE  SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN ELEC-
 TRONICALLY SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC CORPORATION  OR
 FOREIGN CORPORATION, SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR
 OTHER  INSTRUMENT  UNDER  THIS  CHAPTER  CHANGING  OR DELETING THE EMAIL
 ADDRESS.
   § 30. Paragraph (b) of section 306 of the  not-for-profit  corporation
 law, as amended by chapter 23 of the laws of 2014, is amended to read as
 follows:
   (b)  Service of process on the secretary of state as agent of a domes-
 tic corporation formed under article four of this chapter or an  author-
 ized  foreign  corporation  shall  be made [by personally] IN THE MANNER
 PROVIDED BY SUBPARAGRAPH ONE OR TWO OF THIS  PARAGRAPH.  (1)  PERSONALLY
 delivering  to  and  leaving  with  the secretary of state or his or her
 deputy, or with any person authorized  by  the  secretary  of  state  to
 receive  such  service,  at the office of the department of state in the
 city of Albany, duplicate copies of such process together with the stat-
 utory fee, which fee shall be a taxable disbursement. Service of process
 on such corporation shall be complete when the secretary of state is  so
 served.    The secretary of state shall promptly send one of such copies
 by certified mail, return receipt requested, to such corporation, at the
 post office address, on file in the department of state,  specified  for
 the purpose. If a domestic corporation formed under article four of this

 S. 2508                            38                            A. 3008
 
 chapter or an authorized foreign corporation has no such address on file
 in  the  department  of state, the secretary of state shall so mail such
 copy to such corporation at the address of its office within this  state
 on  file in the department.  (2) ELECTRONICALLY SUBMITTING A COPY OF THE
 PROCESS TO THE DEPARTMENT OF STATE  TOGETHER  WITH  THE  STATUTORY  FEE,
 WHICH  FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM
 OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED
 FOREIGN CORPORATION HAS AN EMAIL ADDRESS ON FILE IN  THE  DEPARTMENT  OF
 STATE  TO  WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY  OF  STATE.
 SERVICE OF PROCESS ON SUCH CORPORATION SHALL BE COMPLETE WHEN THE SECRE-
 TARY  OF  STATE  HAS  REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE
 SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS
 AGAINST SUCH CORPORATION HAS BEEN SERVED ELECTRONICALLY ON HIM OR HER TO
 SUCH CORPORATION AT THE EMAIL ADDRESS  ON  FILE  IN  THE  DEPARTMENT  OF
 STATE,  SPECIFIED  FOR  THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS
 AVAILABLE TO SUCH CORPORATION.
   § 31. Paragraph (b) of section 307 of the  not-for-profit  corporation
 law is amended to read as follows:
   (b)  (1)  Service of such process upon the secretary of state shall be
 made [by personally] IN THE MANNER PROVIDED BY ITEMS (I) OR (II) OF THIS
 SUBPARAGRAPH. (I) PERSONALLY delivering to and leaving with him  or  his
 deputy,  or  with  any  person  authorized  by the secretary of state to
 receive such service, at the office of the department of  state  in  the
 city  of Albany, a copy of such process together with the statutory fee,
 which fee shall be a taxable disbursement. [Such service] (II) ELECTRON-
 ICALLY SUBMITTING A COPY OF THE  PROCESS  TO  THE  DEPARTMENT  OF  STATE
 TOGETHER  WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSE-
 MENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE.
   (2) SERVICE UNDER THIS PARAGRAPH shall be sufficient if notice thereof
 and a copy of the process are:
   [(1)] (I) Delivered personally without  this  state  to  such  foreign
 corporation by a person and in the manner authorized to serve process by
 law of the jurisdiction in which service is made, or
   [(2)]  (II)  Sent  by  or  on  behalf of the plaintiff to such foreign
 corporation by registered mail with return  receipt  requested,  at  the
 post  office  address  specified  for the purpose of mailing process, on
 file in the department of state, or with any official or body performing
 the equivalent function, in the jurisdiction of its incorporation, or if
 no such address is there specified, to its registered  or  other  office
 there  specified,  or  if no such office is there specified, to the last
 address of such foreign corporation known to the plaintiff.
   § 32. Subparagraph 6 of paragraph (a) of section 402 of  the  not-for-
 profit  corporation law, as added by chapter 564 of the laws of 1981 and
 as renumbered by chapter 132 of the laws of 1985, is amended to read  as
 follows:
   (6)  A  designation  of  the secretary of state as agent of the corpo-
 ration upon whom process against it may be served and  the  post  office
 address  within  or  without  this state to which the secretary of state
 shall mail a copy of any process against it served upon him OR HER.  THE
 CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE
 SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC-
 TRONICALLY SERVED UPON HIM OR HER.
   § 33. Paragraph (b) of section 801 of the  not-for-profit  corporation
 law is amended by adding a new paragraph 10 to read as follows:

 S. 2508                            39                            A. 3008
 
   (10)  TO  SPECIFY,  CHANGE  OR  DELETE  THE EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE THAT PROCESS AGAINST THE  CORPO-
 RATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  34.  Paragraph (c) of section 802 of the not-for-profit corporation
 law is amended by adding a new paragraph 4 to read as follows:
   (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE-
 TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST  THE
 CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  35.  Subparagraph 6 of paragraph (a) of section 803 of the not-for-
 profit corporation law, as amended by chapter 23 of the laws of 2014, is
 amended to read as follows:
   (6) A designation of the secretary of state as  agent  of  the  corpo-
 ration  upon  whom  process against it may be served and the post office
 address within or without this state to which  the  secretary  of  state
 shall  mail  a copy of any process against it served upon the secretary.
 THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE  SECRETARY  OF
 STATE  SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN
 ELECTRONICALLY SERVED UPON HIM OR HER.
   § 36. Paragraph (b) of section 803-A of the not-for-profit corporation
 law, as amended by chapter 172 of the laws of 1999, is amended  to  read
 as follows:
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 the  corporation  served  upon  him  or HER, AND/OR THE EMAIL ADDRESS TO
 WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC-
 ESS AGAINST IT HAS BEEN ELECTRONICALLY  SERVED  UPON  THE  SECRETARY  OF
 STATE, AND/OR the address of the registered agent, provided such address
 being  changed  is  the address of a person, partnership or other corpo-
 ration whose address, as agent, is  the  address  to  be  changed  [or],
 AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON,
 PARTNERSHIP  OR OTHER CORPORATION, WHOSE EMAIL ADDRESS, AS AGENT, IS THE
 EMAIL ADDRESS TO BE CHANGED, AND/OR who has been  designated  as  regis-
 tered  agent  for  such  corporation, may be signed and delivered to the
 department of state by such agent. The certificate of change  shall  set
 forth  the  statements  required under subparagraphs (1), (2) and (3) of
 paragraph (a) of this section; that a notice of the proposed change  was
 mailed  to the corporation by the party signing the certificate not less
 than thirty days prior to the date of delivery  to  the  department  and
 that such corporation has not objected thereto; and that the party sign-
 ing  the  certificate  is the agent of such corporation to whose address
 the secretary of state is required to mail copies of any process against
 the corporation served upon him or HER, AND/OR THE AGENT OF  THE  CORPO-
 RATION  TO WHOSE THE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO
 EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN
 ELECTRONICALLY SERVED UPON HIM OR HER, AND/OR the registered  agent,  if
 such  be  the  case. A certificate signed and delivered under this para-
 graph shall not be deemed to effect a change of location of  the  office
 of the corporation in whose behalf such certificate is filed.
   §  37. Paragraph (c) of section 1310 of the not-for-profit corporation
 law, as amended by chapter 172 of the laws of 1999, is amended and a new
 subparagraph 4 is added to paragraph (a) to read as follows:
   (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE-
 TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST  THE
 CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   (c) A certificate of change of application for authority which changes
 only  the post office address to which the secretary of state shall mail

 S. 2508                            40                            A. 3008
 
 a copy of any process against an authorized foreign  corporation  served
 upon him or HER, THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL
 EMAIL  A  NOTICE  OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRON-
 ICALLY  SERVED  UPON  THE  SECRETARY  OF  STATE AND/OR which changes the
 address of its registered agent, provided such address is the address of
 a person, partnership or other corporation whose address, as  agent,  is
 the address to be changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE
 EMAIL  ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL
 ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, or who  has  been
 designated  as registered agent for such authorized foreign corporation,
 may be signed and delivered to the department of state  by  such  agent.
 The  certificate  of change of application for authority shall set forth
 the statements required under subparagraphs (1), (2),  (3)  and  (4)  of
 paragraph  (b) of this section; that a notice of the proposed change was
 mailed by the party signing the certificate to  the  authorized  foreign
 corporation  not  less than thirty days prior to the date of delivery to
 the department and that such corporation has not objected  thereto;  and
 that  the  party  signing  the  certificate is the agent of such foreign
 corporation to whose address the secretary of state is required to  mail
 copies  of process [or], AND/OR THE AGENT OF SUCH FOREIGN CORPORATION TO
 WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO EMAIL A NOTICE
 OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED  UPON
 THE  SECRETARY  OF  STATE,  AND/OR  the registered agent, if such be the
 case. A certificate signed and delivered under this paragraph shall  not
 be  deemed  to  effect  a change of location of the office of the corpo-
 ration in whose behalf such certificate is filed.
   § 38. Subparagraph 6 of paragraph (a) of section 1311 of the  not-for-
 profit corporation law is amended to read as follows:
   (6)  A  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process  against  it  served
 upon  him  OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH
 THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF  THE  FACT  THAT  PROCESS
 AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  39.  Section 1312 of the not-for-profit corporation law, as amended
 by chapter 375 of the laws of 1998, is amended to read as follows:
 § 1312. Termination of existence.
   When an authorized foreign corporation is dissolved or  its  authority
 or existence is otherwise terminated or cancelled in the jurisdiction of
 its  incorporation  or  when  such foreign corporation is merged into or
 consolidated with another foreign  corporation,  a  certificate  of  the
 secretary of state, or official performing the equivalent function as to
 corporate  records, of the jurisdiction of incorporation of such foreign
 corporation attesting to the occurrence of any such event or a certified
 copy of an order or decree of a court of such jurisdiction directing the
 dissolution of such foreign corporation, the termination of  its  exist-
 ence  or  the  cancellation  of  its authority shall be delivered to the
 department of state.  The filing of the  certificate,  order  or  decree
 shall  have  the same effect as the filing of a certificate of surrender
 of authority under section 1311 (Surrender of authority).  The secretary
 of state shall continue as agent of the foreign  corporation  upon  whom
 process  against  it  may be served in the manner set forth in paragraph
 (b) of section 306 (Service  of  process),  in  any  action  or  special
 proceeding  based  upon  any  liability  or  obligation  incurred by the
 foreign corporation within this  state  prior  to  the  filing  of  such
 certificate,  order  or decree and he shall promptly cause a copy of any
 such process to be mailed by [registered] CERTIFIED mail, return receipt

 S. 2508                            41                            A. 3008
 
 requested, to such foreign corporation at the  post  office  address  on
 file  in his OR HER office specified for such purpose OR A NOTICE OF THE
 FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN SERVED ON HIM OR  HER
 TO BE EMAILED TO THE FOREIGN CORPORATION AT THE EMAIL ADDRESS ON FILE IN
 HIS  OR  HER OFFICE SPECIFIED FOR SUCH PURPOSE.  The post office address
 AND/OR EMAIL ADDRESS may be changed by signing  and  delivering  to  the
 department of state a certificate of change setting forth the statements
 required  under  section  1310  (Certificate  of change[,]; contents) to
 effect a change in the post office address AND/OR  EMAIL  ADDRESS  under
 subparagraph (a) [(4)] (7) of section 1308 (Amendments or changes).
   §  40.  Subdivision  (c) of section 121-104 of the partnership law, as
 added by chapter 950 of the laws of 1990, is amended to read as follows:
   (c) Any designated post office address to which the secretary of state
 shall mail a copy of process served upon him  as  agent  of  a  domestic
 limited  partnership or foreign limited partnership shall continue until
 the filing of a certificate  OR  OTHER  INSTRUMENT  under  this  article
 directing  the mailing to a different post office address AND ANY DESIG-
 NATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE
 OF THE FACT THAT PROCESS AGAINST SUCH DOMESTIC  LIMITED  PARTNERSHIP  OR
 FOREIGN  LIMITED  PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR
 HER AS AGENT OF A DOMESTIC LIMITED PARTNERSHIP OR FOREIGN LIMITED  PART-
 NERSHIP,  SHALL  CONTINUE  UNTIL  THE  FILING  OF A CERTIFICATE OR OTHER
 INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELETING THE EMAIL ADDRESS.
   § 41. Subdivision (a) and the opening paragraph of subdivision (b)  of
 section  121-109  of the partnership law, as added by chapter 950 of the
 laws of 1990 and as relettered by chapter 341 of the laws of  1999,  are
 amended to read as follows:
   (a)  Service of process on the secretary of state as agent of a domes-
 tic or authorized foreign limited partnership shall be made [as follows]
 IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF THIS SUBDIVISION:
   (1) By personally delivering to and leaving with him OR HER or his  OR
 HER  deputy,  or with any person authorized by the secretary of state to
 receive such service, at the office of the department of  state  in  the
 city of Albany, duplicate copies of such process together with the stat-
 utory fee, which fee shall be a taxable disbursement.
   [(2)]  The  service  on  the  limited partnership is complete when the
 secretary of state is so served.
   [(3)] The secretary of state shall promptly send one of such copies by
 certified mail, return receipt requested, addressed to the limited part-
 nership at the post office address, on file in the department of  state,
 specified for that purpose.
   (2)  ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT
 OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE  A  TAXABLE
 DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF
 STATE,  PROVIDED  THE DOMESTIC OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP
 HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF  STATE  TO  WHICH  THE
 SECRETARY  OF  STATE  SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS HAS
 BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE AS  AGENT  OF  SUCH
 DOMESTIC  OR  AUTHORIZED FOREIGN LIMITED PARTNERSHIP. SERVICE OF PROCESS
 ON SUCH LIMITED PARTNERSHIP OR AUTHORIZED  FOREIGN  LIMITED  PARTNERSHIP
 SHALL  BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED
 SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL  PROMPTLY  SEND  A
 NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED TO SUCH LIMITED PARTNER-
 SHIP  AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED
 FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE  TO  SUCH
 LIMITED PARTNERSHIP OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP.

 S. 2508                            42                            A. 3008
 
   In  any  case  in  which  a  non-domiciliary  would  be subject to the
 personal or other jurisdiction of the courts of this state under article
 three of the civil practice law and rules, a foreign limited partnership
 not authorized to do business in this state is subject to a like  juris-
 diction. In any such case, process against such foreign limited partner-
 ship  may be served upon the secretary of state as its agent. Such proc-
 ess may issue in any court in this  state  having  jurisdiction  of  the
 subject matter.  Service of process upon the secretary of state shall be
 made  [by  personally] IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF
 THIS SUBDIVISION. (1) PERSONALLY delivering to and leaving with  him  or
 his  deputy,  or with any person authorized by the secretary of state to
 receive such service, at the office of the department of  state  in  the
 city  of Albany, a copy of such process together with the statutory fee,
 which fee shall be a taxable disbursement.   (2) ELECTRONICALLY  SUBMIT-
 TING  A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE
 STATUTORY FEE, WHICH FEE SHALL BE A  TAXABLE  DISBURSEMENT,  THROUGH  AN
 ELECTRONIC  SYSTEM  OPERATED  BY  THE  DEPARTMENT OF STATE. Such service
 shall be sufficient if notice thereof and a copy of the process are:
   § 42. Paragraph 3 of subdivision (a) of section 121-201 of  the  part-
 nership  law,  as amended by chapter 264 of the laws of 1991, is amended
 to read as follows:
   (3) a designation of the secretary of state as agent  of  the  limited
 partnership  upon  whom  process  against  it may be served and the post
 office address within or without this state to which  the  secretary  of
 state  shall  mail  a  copy of any process against it served upon him OR
 HER. THE LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO  WHICH  THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
   §  43.  Paragraph 4 of subdivision (b) of section 121-202 of the part-
 nership law, as amended by chapter 576 of the laws of 1994,  is  amended
 to read as follows:
   (4)  a  change  in the name of the limited partnership, or a change in
 the post office address to which the secretary of  state  shall  mail  a
 copy  of  any  process  against the limited partnership served on him OR
 HER, A CHANGE IN THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL
 EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED  PARTNERSHIP
 HAS  BEEN ELECTRONICALLY SERVED UPON HIM OR HER, or a change in the name
 or address of the registered agent, if such change is  made  other  than
 pursuant to section 121-104 or 121-105 of this article.
   §  44. The opening paragraph of subdivision (a) and subdivision (b) of
 section 121-202-A of the partnership law, as added by chapter 448 of the
 laws of 1998, are amended to read as follows:
   A certificate of limited partnership may be changed by filing with the
 department of state a certificate of  change  entitled  "Certificate  of
 Change of ..... (name of limited partnership) under Section 121-202-A of
 the  Revised  Limited Partnership Act" and shall be signed and delivered
 to the department of state. A certificate of change may (i)  specify  or
 change the location of the limited partnership's office; (ii) specify or
 change  the  post  office  address to which the secretary of state shall
 mail a copy of process against the limited partnership served upon  him;
 [and]  (iii)  SPECIFY,  CHANGE  OR DELETE THE EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR  HER;
 AND  (IV)  make, revoke or change the designation of a registered agent,
 or to specify or change the address of its registered  agent.  It  shall
 set forth:

 S. 2508                            43                            A. 3008
 
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 a  limited  partnership  served  upon  him or  HER, THE EMAIL ADDRESS TO
 WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC-
 ESS  AGAINST  IT  HAS  BEEN  ELECTRONICALLY SERVED UPON THE SECRETARY OF
 STATE, AND/OR the address of the registered agent, provided such address
 being changed is the address of a  person,  partnership  or  corporation
 whose  address, as agent, is the address to be changed, AND/OR THE EMAIL
 ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON,  PARTNERSHIP  OR
 OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO
 BE  CHANGED,  or  who  has  been designated as registered agent for such
 limited partnership shall be signed and delivered to the  department  of
 state  by  such  agent.  The  certificate  of change shall set forth the
 statements required under subdivision (a) of this section; that a notice
 of the proposed change was mailed to the domestic limited partnership by
 the party signing the certificate not less than thirty days prior to the
 date of delivery to the department  of  state  and  that  such  domestic
 limited partnership has not objected thereto; and that the party signing
 the  certificate  is  the  agent  of  such  limited partnership to whose
 address the secretary of state is required to  mail  copies  of  process
 [or],  AND/OR THE AGENT TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS
 REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS  BEEN
 ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered
 agent,  if  such  be  the case. A certificate signed and delivered under
 this subdivision shall not be deemed to effect a change of  location  of
 the  office  of the limited partnership in whose behalf such certificate
 is filed.
   § 45. Paragraph 4 of subdivision (a) of section 121-902 of  the  part-
 nership  law,  as amended by chapter 172 of the laws of 1999, is amended
 to read as follows:
   (4) a designation of the secretary of state as  its  agent  upon  whom
 process  against  it may be served and the post office address within or
 without this state to which the secretary of state shall mail a copy  of
 any  process against it served upon him  OR HER. THE LIMITED PARTNERSHIP
 MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL
 A NOTICE OF THE FACT THAT PROCESS AGAINST  IT  HAS  BEEN  ELECTRONICALLY
 SERVED UPON HIM OR HER;
   §  46. The opening paragraph of subdivision (a) and subdivision (b) of
 section 121-903-A of the partnership law, as added by chapter 448 of the
 laws of 1998, are amended to read as follows:
   A foreign limited partnership may change its application for authority
 by filing with the department of state a certificate of change  entitled
 "Certificate  of  Change of ........ (name of limited partnership) under
 Section 121-903-A of the Revised Limited Partnership Act" and  shall  be
 signed and delivered to the department of state. A certificate of change
 may  (i)  change  the location of the limited partnership's office; (ii)
 change the post office address to which the  secretary  of  state  shall
 mail  a copy of process against the limited partnership served upon him;
 [and] (iii)  SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS  TO  WHICH  THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE  LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
 AND (IV) make, revoke or change the designation of a  registered  agent,
 or  to  specify  or change the address of its registered agent. It shall
 set forth:
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against

 S. 2508                            44                            A. 3008
 
 a foreign limited partnership served upon him or HER, AND/OR  THE  EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT  PROCESS  AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRE-
 TARY OF STATE, AND/OR the address of the registered agent, provided such
 address  being changed is the address of a person, partnership or corpo-
 ration whose address, as agent, is the address to be changed, AND/OR THE
 EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A  PERSON,  PARTNER-
 SHIP  OR  OTHER  CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL
 ADDRESS TO BE CHANGED, or who has been designated  as  registered  agent
 for  such  foreign  limited partnership shall be signed and delivered to
 the department of state by such agent. The certificate of  change  shall
 set forth the statements required under subdivision (a) of this section;
 that  a  notice of the proposed change was mailed to the foreign limited
 partnership by the party signing the certificate not  less  than  thirty
 days  prior  to the date of delivery to the department of state and that
 such foreign limited partnership has not objected thereto; and that  the
 party signing the certificate is the agent of such foreign limited part-
 nership  to  whose  address  the  secretary of state is required to mail
 copies of process [or], THE EMAIL ADDRESS OF THE PARTY  TO  WHOSE  EMAIL
 ADDRESS  THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON  THE  SECRE-
 TARY  OF  STATE  AND/OR  the  registered  agent,  if such be the case. A
 certificate signed and delivered under this  subdivision  shall  not  be
 deemed to effect a change of location of the office of the limited part-
 nership in whose behalf such certificate is filed.
   §  47.  Paragraph 6 of subdivision (b) of section 121-905 of the part-
 nership law, as added by chapter 950 of the laws of 1990, is amended  to
 read as follows:
   (6)  a  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process  against  it  served
 upon him OR HER. THE LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO
 WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC-
 ESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  48.  Section  121-906 of the partnership law, as amended by chapter
 172 of the laws of 1999, is amended to read as follows:
   § 121-906. Termination of existence. When a foreign  limited  partner-
 ship  which  has received a certificate of authority is dissolved or its
 authority to conduct its business or existence is  otherwise  terminated
 or  cancelled  in  the  jurisdiction  of  its  organization or when such
 foreign limited partnership is merged into or consolidated with  another
 foreign  limited  partnership,  (i)  a  certificate  of the secretary of
 state, or official performing the  equivalent  function  as  to  limited
 partnership records, in the jurisdiction of organization of such limited
 partnership  attesting  to  the  occurrence of any such event, or (ii) a
 certified copy of an order or decree of a  court  of  such  jurisdiction
 directing  the  dissolution  of  such  foreign  limited partnership, the
 termination of its existence or the surrender of its authority, shall be
 delivered to the department of state. The  filing  of  the  certificate,
 order  or  decree  shall have the same effect as the filing of a certif-
 icate of surrender of authority under section 121-905 of  this  article.
 The  secretary  of  state shall continue as agent of the foreign limited
 partnership upon whom process against it may be served in the manner set
 forth in section 121-109 of this article, in any  action  or  proceeding
 based  upon  any liability or obligation incurred by the foreign limited
 partnership within this state prior to the filing of  such  certificate,
 order  or  decree.  The  post office address AND/OR EMAIL ADDRESS may be

 S. 2508                            45                            A. 3008
 
 changed by filing with the department of state a certificate  of  amend-
 ment  under  section  121-903  or  a certificate of change under section
 121-903-A of this article.
   §  49. Paragraph 7 of subdivision (a) of section 121-1103 of the part-
 nership law, as added by chapter 950 of the laws of 1990, is amended  to
 read as follows:
   (7)  A  designation  of  the secretary of state as its agent upon whom
 process against it may be served in the  manner  set  forth  in  section
 121-109  of this article in any action or special proceeding, and a post
 office address, within or without this state, to which the secretary  of
 state  shall  mail  a  copy  of  any process served upon him OR HER. THE
 LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE  SECRETARY
 OF  STATE  SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS
 BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Such post office address  OR
 EMAIL  ADDRESS  shall  supersede  any  prior  address  designated as the
 address to which process shall be mailed OR A NOTICE EMAILED.
   § 50. Subparagraph 4 of paragraph (I) of subdivision (a) and  subdivi-
 sion  (j-1) of section 121-1500 of the partnership law, paragraph (I) of
 subdivision (a) as amended by chapter 643 of the laws  of  1995  and  as
 redesignated by chapter 767 of the laws of 2005 and subdivision (j-1) as
 added  by  chapter  448  of  the  laws  of  1998, are amended to read as
 follows:
   (4) a designation of the secretary of state as agent of  the  partner-
 ship without limited partners upon whom process against it may be served
 and  the  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process against it or served
 upon it. THE PARTNERSHIP WITHOUT LIMITED PARTNERS MAY INCLUDE  AN  EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
   (j-1)  A  certificate  of  change  which  changes only the post office
 address to which the secretary of state shall mail a copy of any process
 against a registered limited liability partnership served  upon  him  or
 HER,  AND/OR  THE  EMAIL  ADDRESS  TO WHICH THE SECRETARY OF STATE SHALL
 EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT  HAS  BEEN  ELECTRON-
 ICALLY  SERVED  UPON  THE  SECRETARY OF STATE, AND/OR the address of the
 registered agent, provided such address being changed is the address  of
 a  person,  partnership  or  corporation whose address, as agent, is the
 address to be changed [or], AND/OR THE EMAIL ADDRESS  BEING  CHANGED  IS
 THE  EMAIL  ADDRESS  OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE
 EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, AND/OR  who
 has  been  designated  as  registered  agent for such registered limited
 liability partnership shall be signed and delivered to the department of
 state by such agent. The certificate of change shall set forth: (i)  the
 name of the registered limited liability partnership and, if it has been
 changed,  the  name under which it was originally filed with the depart-
 ment of state; (ii) the date of filing of its  initial  registration  or
 notice statement; (iii) each change effected thereby; (iv) that a notice
 of  the  proposed change was mailed to the limited liability partnership
 by the party signing the certificate not less than thirty days prior  to
 the  date  of  delivery to the department of state and that such limited
 liability partnership has not objected thereto; and (v) that  the  party
 signing  the certificate is the agent of such limited liability partner-
 ship to whose address the secretary of state is required to mail  copies
 of process [or], AND/OR TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS
 REQUIRED  TO  MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN
 ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered

 S. 2508                            46                            A. 3008
 
 agent, if such be the case. A certificate  signed  and  delivered  under
 this  subdivision  shall not be deemed to effect a change of location of
 the office of the limited liability partnership  in  whose  behalf  such
 certificate  is filed. The certificate of change shall be accompanied by
 a fee of five dollars.
   § 51. Paragraph (v)  of  subdivision  (a)  and  subdivision  (i-1)  of
 section  121-1502  of  the partnership law, paragraph (v) of subdivision
 (a) as amended by chapter 470 of the laws of 1997 and subdivision  (i-1)
 as  added  by  chapter  448  of the laws of 1998, are amended to read as
 follows:
   (v) a designation of the secretary of state as agent  of  the  foreign
 limited liability partnership upon whom process against it may be served
 and  the  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process against it or served
 upon it. THE FOREIGN LIMITED LIABILITY PARTNERSHIP MAY INCLUDE AN  EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
   (i-1)  A  certificate  of  change  which  changes only the post office
 address to which the secretary of state shall mail a copy of any process
 against a New York  registered  foreign  limited  liability  partnership
 served  upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY
 OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS  AGAINST  IT  HAS
 BEEN  ELECTRONICALLY  SERVED  UPON  THE  SECRETARY  OF STATE, AND/OR the
 address of the registered agent, provided such address being changed  is
 the  address  of  a person, partnership or corporation whose address, as
 agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING
 CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP  OR  OTHER  CORPO-
 RATION  WHOSE  EMAIL  ADDRESS,  AS  AGENT,  IS  THE  EMAIL ADDRESS TO BE
 CHANGED, AND/OR who has been designated  as  registered  agent  of  such
 registered  foreign  limited  liability  partnership shall be signed and
 delivered to the department of state by such agent. The  certificate  of
 change  shall set forth: (i) the name of the New York registered foreign
 limited liability partnership; (ii) the date of filing  of  its  initial
 registration  or  notice  statement; (iii) each change effected thereby;
 (iv) that a notice of the proposed change  was  mailed  to  the  limited
 liability partnership by the party signing the certificate not less than
 thirty days prior to the date of delivery to the department of state and
 that  such  limited  liability partnership has not objected thereto; and
 (v) that the party signing the certificate is the agent of such  limited
 liability  partnership  to  whose  address  the  secretary  of  state is
 required to mail copies of process [or], AND/OR TO WHOSE  EMAIL  ADDRESS
 THE  SECRETARY  OF  STATE  IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT
 PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY  OF
 STATE,  AND/OR  the registered agent, if such be the case. A certificate
 signed and delivered under this  subdivision  shall  not  be  deemed  to
 effect a change of location of the office of the limited liability part-
 nership  in  whose  behalf such certificate is filed. The certificate of
 change shall be accompanied by a fee of five dollars.
   § 52. Subdivision (a) of section 121-1505 of the partnership  law,  as
 added by chapter 470 of the laws of 1997, is amended to read as follows:
   (a)  Service of process on the secretary of state as agent of a regis-
 tered limited liability  partnership  OR  NEW  YORK  REGISTERED  FOREIGN
 LIMITED  LIABILITY  PARTNERSHIP  under  this  article  shall be made [by
 personally] IN THE MANNER PROVIDED BY  PARAGRAPH  ONE  OR  TWO  OF  THIS
 SUBDIVISION. (1) PERSONALLY delivering to and leaving with the secretary
 of  state or a deputy, or with any person authorized by the secretary of

 S. 2508                            47                            A. 3008
 
 state to receive such service, at the office of the department of  state
 in  the  city  of Albany, duplicate copies of such process together with
 the statutory fee, which fee shall be a taxable disbursement. Service of
 process  on  such  registered  limited  liability  partnership  shall be
 complete when the secretary of state is  so  served.  The  secretary  of
 state  shall  promptly send one of such copies by certified mail, return
 receipt requested, to such registered limited liability partnership,  at
 the post office address on file in the department of state specified for
 such purpose. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE
 DEPARTMENT  OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE
 A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC  SYSTEM  OPERATED  BY  THE
 DEPARTMENT  OF STATE, PROVIDED THE REGISTERED LIMITED LIABILITY PARTNER-
 SHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP HAS AN
 EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE  SECRETARY
 OF  STATE  SHALL  EMAIL  A  NOTICE OF THE FACT THAT PROCESS AGAINST SUCH
 REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED  FOREIGN
 LIMITED  LIABILITY  PARTNERSHIP SERVED HAS BEEN ELECTRONICALLY SERVED ON
 THE SECRETARY OF STATE. SERVICE OF PROCESS ON  SUCH  REGISTERED  LIMITED
 LIABILITY  PARTNERSHIP  OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY
 PARTNERSHIP SHALL BE COMPLETE WHEN THE SECRETARY OF STATE  HAS  REVIEWED
 AND  ACCEPTED  SERVICE  OF  SUCH  PROCESS.  THE SECRETARY OF STATE SHALL
 PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH  REGISTERED
 LIMITED  LIABILITY  PARTNERSHIP  OR  NEW YORK REGISTERED FOREIGN LIMITED
 LIABILITY PARTNERSHIP HAS BEEN SERVED ELECTRONICALLY UPON HIM OR HER, TO
 SUCH REGISTERED LIMITED LIABILITY PARTNERSHIP  OR  NEW  YORK  REGISTERED
 FOREIGN  LIMITED  LIABILITY  PARTNERSHIP AT THE EMAIL ADDRESS ON FILE IN
 THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY
 OF THE PROCESS AVAILABLE TO SUCH REGISTERED LIMITED  LIABILITY  PARTNER-
 SHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP.
   §  53.  Subdivision  7  of  section 339-n of the real property law, as
 amended by chapter 346 of the laws  of  1997,  is  amended  to  read  as
 follows:
   7. A designation of the secretary of state as agent of the corporation
 or  board of managers upon whom process against it may be served AND THE
 POST OFFICE ADDRESS WITHIN OR WITHOUT THIS STATE TO WHICH THE  SECRETARY
 OF  STATE SHALL MAIL A COPY OF ANY PROCESS AGAINST IT SERVED UPON HIM OR
 HER. THE DESIGNATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY
 OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS  AGAINST  IT  HAS
 BEEN  ELECTRONICALLY  SERVED  UPON HIM OR HER. Service of process on the
 secretary of state as agent of such corporation  or  board  of  managers
 shall  be  made  [personally] IN THE MANNER PROVIDED BY PARAGRAPH (A) OR
 (B) OF THIS SUBDIVISION. (A) PERSONALLY delivering to and  leaving  with
 him  or  her  or his or her deputy, or with any person authorized by the
 secretary of state to receive such service, at the office of the depart-
 ment of state in the city of Albany, duplicate copies  of  such  process
 together  with the statutory fee, which shall be a taxable disbursement.
 Service of process on such corporation or board  of  managers  shall  be
 complete  when  the  secretary  of  state is so served. The secretary of
 state shall promptly send one of such copies by certified  mail,  return
 receipt requested, to such corporation or board of managers, at the post
 office  address,  on file in the department of state, specified for such
 purpose. (B) ELECTRONICALLY SUBMITTING A COPY  OF  THE  PROCESS  TO  THE
 DEPARTMENT  OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE
 A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC  SYSTEM  OPERATED  BY  THE
 DEPARTMENT  OF  STATE, PROVIDED THE CORPORATION OR BOARD OF MANAGERS HAS
 AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE  SECRE-

 S. 2508                            48                            A. 3008

 TARY  OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE
 CORPORATION OR BOARD OF MANAGERS HAS BEEN SERVED ELECTRONICALLY  ON  THE
 SECRETARY  OF STATE.  SERVICE OF PROCESS ON SUCH CORPORATION OR BOARD OF
 MANAGERS  SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND
 ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL  PROMPTLY
 SEND  NOTICE  OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON
 THE SECRETARY OF STATE TO SUCH CORPORATION OR BOARD OF MANAGERS  AT  THE
 EMAIL  ADDRESS  ON  FILE  IN  THE DEPARTMENT OF STATE, SPECIFIED FOR THE
 PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE  TO  SUCH  CORPO-
 RATION  OR  BOARD  OF MANAGERS. Nothing in this subdivision shall affect
 the right to serve process in any other manner permitted by  law.    The
 corporation  or  board of managers shall also file with the secretary of
 state the name and post office address within or without this  state  to
 which the secretary of state shall mail a copy of any process against it
 served upon the secretary of state and shall update the filing as neces-
 sary.
   § 54. This act shall take effect January 1, 2023.
 
                                  PART P
 
   Section  1. The executive law is amended by adding a new section 142-b
 to read as follows:
   § 142-B. REMOTE NOTARIZATION. 1. DEFINITIONS. AS USED IN THIS SECTION,
 THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS:
   (A) "AUDIO-VIDEO COMMUNICATION" MEANS BEING ABLE  TO  SEE,  HEAR,  AND
 COMMUNICATE WITH ANOTHER INDIVIDUAL IN REAL TIME USING ELECTRONIC MEANS.
   (B)  "CREDENTIAL"  MEANS  A  GOVERNMENT-ISSUED IDENTIFICATION DOCUMENT
 THAT  INCLUDES  THE  PRINCIPAL'S  PHOTOGRAPH,  SIGNATURE,  AND  MULTIPLE
 CREDENTIAL  SECURITY  FEATURES  SUCH  AS: A HOLOGRAPHIC IMAGE, RAISED OR
 TEXTURED PRINT, MICROPRINTING, LASER ENGRAVING,  OPTICAL  VARIABLE  INK,
 LONG  LIFE  MULTI-LAYER  PET (POLYETHYLENE TEREPHTHALATE)/PVC (POLYVINYL
 CHLORIDE) CREDENTIAL BODY CONSTRUCTION, THE ISSUING  AGENCY'S  SEAL,  OR
 THE  CREDENTIAL  HOLDER'S  PHYSICAL CHARACTERISTICS (SUCH AS HEIGHT, EYE
 COLOR, HAIR COLOR).
   (C) "CREDENTIAL ANALYSIS" MEANS A PROCESS OR SERVICE  WHICH  AUTHENTI-
 CATES  A CREDENTIAL THROUGH REVIEW OF PUBLIC AND PROPRIETARY DATA SOURC-
 ES, AND COMPLIES WITH THE FOLLOWING CRITERIA:
   (I) USES AUTOMATED SOFTWARE PROCESSES TO  AID  THE  NOTARY  PUBLIC  IN
 VERIFYING THE IDENTITY OF A REMOTELY LOCATED INDIVIDUAL;
   (II) ENSURES THAT THE CREDENTIAL PASSES AN AUTHENTICITY TEST, CONSIST-
 ENT WITH SOUND COMMERCIAL PRACTICES THAT:
   (1)  USES APPROPRIATE TECHNOLOGIES TO CONFIRM THE INTEGRITY OF VISUAL,
 PHYSICAL, OR CRYPTOGRAPHIC SECURITY FEATURES;
   (2) USES APPROPRIATE TECHNOLOGIES TO CONFIRM THAT  THE  IDENTIFICATION
 CREDENTIAL IS NOT FRAUDULENT OR INAPPROPRIATELY MODIFIED;
   (3)  USES  INFORMATION  HELD  OR PUBLISHED BY THE ISSUING SOURCE OR AN
 AUTHORITATIVE SOURCE, AS AVAILABLE, TO CONFIRM THE VALIDITY OF  PERSONAL
 DETAILS AND IDENTIFICATION CREDENTIAL DETAILS; AND
   (III) PROVIDES OUTPUT OF THE CREDENTIAL ANALYSIS TO THE NOTARY PUBLIC;
 AND
   (IV)  ENABLES THE NOTARY PUBLIC TO VISUALLY COMPARE THE CREDENTIAL AND
 THE REMOTELY LOCATED INDIVIDUAL AS VIEWED BY THE NOTARY PUBLIC  IN  REAL
 TIME THROUGH AUDIO-VIDEO COMMUNICATION.
   (D)  "ELECTRONIC"  SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION
 THREE HUNDRED TWO OF THE STATE TECHNOLOGY LAW.

 S. 2508                            49                            A. 3008
 
   (E) "ELECTRONIC RECORD" MEANS INFORMATION EVIDENCING ANY  ACT,  TRANS-
 ACTION, OCCURRENCE, EVENT OR OTHER ACTIVITY, PRODUCED OR STORED BY ELEC-
 TRONIC MEANS AND CAPABLE OF BEING ACCURATELY REPRODUCED IN FORMS PERCEP-
 TIBLE BY HUMAN SENSORY CAPABILITIES.
   (F) "ELECTRONIC SIGNATURE" MEANS AN ELECTRONIC SOUND, SYMBOL, OR PROC-
 ESS,  ATTACHED  TO OR LOGICALLY ASSOCIATED WITH AN ELECTRONIC RECORD AND
 EXECUTED OR ADOPTED BY A PERSON WITH THE INTENT TO SIGN THE RECORD.
   (G) "IDENTITY PROOFING" MEANS A KNOWLEDGE-BASED AUTHENTICATION PROCESS
 THROUGH WHICH A THIRD PARTY CONFIRMS THE IDENTITY OF A PRINCIPAL THROUGH
 REVIEW OF PERSONAL INFORMATION FROM PUBLIC AND PROPRIETARY DATA  SOURCES
 AS MAY BE FURTHER DEFINED BY REGULATION.
   (H)  "NOTARIAL  ACT"  MEANS  THE  PERFORMANCE  OF AN ACT AUTHORIZED BY
 SECTION ONE HUNDRED THIRTY-FIVE OF THIS CHAPTER.
   (I) "PRINCIPAL" MEANS AN INDIVIDUAL:
   (I) WHOSE SIGNATURE IS REFLECTED ON A DOCUMENT THAT IS NOTARIZED;
   (II) WHO HAS TAKEN AN OATH OR AFFIRMATION  ADMINISTERED  BY  A  NOTARY
 PUBLIC; OR
   (III)  WHOSE  SIGNATURE  IS  REFLECTED ON A DOCUMENT THAT IS NOTARIZED
 AFTER THE INDIVIDUAL HAS TAKEN AN OATH OR AFFIRMATION ADMINISTERED BY  A
 NOTARY PUBLIC.
   (J)  "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A TANGIBLE MEDIUM
 OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN
 PERCEIVABLE FORM.
   (K) "REMOTE NOTARIZATION" MEANS THE ACT OF PERFORMING ANY NOTARIAL ACT
 THAT IS AUTHORIZED UNDER SECTION ONE HUNDRED THIRTY-FIVE OF THIS CHAPTER
 WHERE A PRINCIPAL WHO IS NOT IN THE  PHYSICAL  PRESENCE  OF  THE  NOTARY
 PUBLIC OBTAINS A NOTARIAL ACT UNDER SUBDIVISION TWO OF THIS SECTION.
   (L)  "REMOTE PRESENTATION" MEANS DISPLAY OF A CREDENTIAL TO THE NOTARY
 PUBLIC THROUGH AUDIO-VIDEO COMMUNICATION IN A  MANNER  THAT  ALLOWS  THE
 NOTARY  PUBLIC  TO  COMPARE THE PRINCIPAL TO THE CREDENTIAL FACIAL IMAGE
 AND TO EXAMINE THE FRONT AND BACK OF ANY CREDENTIAL.
   (M) "WET SIGNATURE" MEANS A SIGNATURE AFFIXED  IN  INK  OR  PENCIL  OR
 OTHER MATERIAL TO A PAPER DOCUMENT.
   2. ANY NOTARY PUBLIC QUALIFIED UNDER THIS ARTICLE IS HEREBY AUTHORIZED
 TO  PERFORM  A  REMOTE  NOTARIZATION BY UTILIZING AUDIO-VIDEO TECHNOLOGY
 THAT ALLOWS THE NOTARY PUBLIC TO INTERACT  WITH  A  PRINCIPAL,  PROVIDED
 THAT ALL CONDITIONS OF THIS SUBDIVISION ARE MET.
   (A)  THE  NOTARY PUBLIC MUST VERIFY THE IDENTITY OF THE PRINCIPAL IN A
 MANNER CONSISTENT WITH THE REQUIREMENTS OF  SUBDIVISION  THREE  OF  THIS
 SECTION. A NOTARY PUBLIC MAY REQUIRE AN INDIVIDUAL TO PROVIDE ADDITIONAL
 INFORMATION OR IDENTIFICATION CREDENTIALS NECESSARY TO ASSURE THE NOTARY
 PUBLIC OF THE IDENTITY OF THE PRINCIPAL.
   (B) THE AUDIO-VIDEO CONFERENCE MUST ALLOW FOR REAL-TIME, DIRECT INTER-
 ACTION BETWEEN THE PRINCIPAL AND THE NOTARY PUBLIC.
   (C)  THE  COMMUNICATION  TECHNOLOGY  MUST  PROVIDE REASONABLE SECURITY
 MEASURES TO PREVENT UNAUTHORIZED ACCESS TO THE AUDIO-VIDEO COMMUNICATION
 AND TO THE METHODS USED TO VERIFY THE IDENTITY OF THE PRINCIPAL.
   (D) A RECORDING, CONTAINING BOTH AUDIO AND VIDEO, OF THE REMOTE NOTAR-
 IZATION MUST BE RETAINED BY THE NOTARY PUBLIC FOR AT LEAST TEN YEARS.
   (E) THE NOTARY PUBLIC MUST TAKE REASONABLE  STEPS  TO  ENSURE  THAT  A
 BACKUP OF THE RECORDING OF THE REMOTE NOTARIZATION EXISTS AND IS SECURED
 FROM  UNAUTHORIZED  USE.  A NOTARY PUBLIC MAY AUTHORIZE A THIRD PARTY TO
 RETAIN SUCH RECORDINGS ON  BEHALF  OF  THE  NOTARY,  PROVIDED  THAT  ALL
 RECORDINGS  RETAINED BY A THIRD PARTY BE MADE AVAILABLE TO THE SECRETARY
 UPON REQUEST.

 S. 2508                            50                            A. 3008
 
   (F) IF A NOTARIAL ACT IS PERFORMED UNDER  THIS  SECTION,  THE  CERTIF-
 ICATES OF AN ACKNOWLEDGMENT MUST CONFORM SUBSTANTIALLY WITH THE LANGUAGE
 IN  THIS PARAGRAPH THAT CORRESPONDS TO THE TYPE OF TRANSACTION AT ISSUE,
 THE BLANKS BEING PROPERLY FILLED.
   (1)  FOR  A  REMOTE NOTARIZATION WHEN THE PRINCIPAL IS LOCATED OUTSIDE
 THE STATE OF NEW YORK:
   STATE OF NEW YORK }SS.:
   COUNTY OF ........}
   ON THE .......... DAY OF ........ IN THE YEAR .....   BEFORE  ME,  THE
 UNDERSIGNED,   APPEARED   THROUGH   USE  OF  AUDIO  AND  VIDEO  COMMUNI-
 CATION........, PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE  BASIS  OF
 SATISFACTORY  EVIDENCE  TO  BE  THE INDIVIDUAL(S) WHOSE NAME(S) IS (ARE)
 SUBSCRIBED TO THE WITHIN INSTRUMENT, ACKNOWLEDGED TO ME THAT HE/SHE/THEY
 EXECUTED  THE  SAME  IN  HIS/HER/THEIR  CAPACITY(IES),   AND   THAT   BY
 HIS/HER/THEIR  SIGNATURE(S) ON THE INSTRUMENT, THE INDIVIDUAL(S), OR THE
 PERSON UPON BEHALF  OF  WHICH  THE  INDIVIDUAL(S)  ACTED,  EXECUTED  THE
 INSTRUMENT,  AND  WHO  DECLARED THAT (PRONOUN) (IS) (ARE) LOCATED IN ...
 (JURISDICTION AND LOCATION NAME) AND THAT THIS RECORD  IS  TO  BE  FILED
 WITH  OR RELATES TO A MATTER BEFORE A COURT, GOVERNMENTAL ENTITY, PUBLIC
 OFFICIAL, OR OTHER ENTITY LOCATED IN THE TERRITORIAL JURISDICTION OF THE
 UNITED STATES, OR INVOLVES PROPERTY LOCATED IN THE TERRITORIAL JURISDIC-
 TION OF, OR A  TRANSACTION  SUBSTANTIALLY  CONNECTED  WITH,  THE  UNITED
 STATES. (SIGNATURE AND OFFICE OF INDIVIDUAL TAKING ACKNOWLEDGEMENT.)
   (2) FOR A REMOTE NOTARIZATION WHEN THE PRINCIPAL IS LOCATED WITHIN THE
 STATE OF NEW YORK:
   STATE OF NEW YORK }SS.:
   COUNTY OF ........}
   ON  THE  ..........  DAY  OF  .....   IN THE YEAR ..... BEFORE ME, THE
 UNDERSIGNED,  APPEARED  THROUGH  USE  OF  AUDIO   AND   VIDEO   COMMUNI-
 CATION........,  PERSONALLY  KNOWN TO ME OR PROVED TO ME ON THE BASIS OF
 SATISFACTORY EVIDENCE TO BE THE INDIVIDUAL(S)  WHOSE  NAME(S)  IS  (ARE)
 SUBSCRIBED  TO  THE  WITHIN  INSTRUMENT  AND  ACKNOWLEDGED  TO  ME  THAT
 HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR CAPACITY(IES),  AND  THAT
 BY  HIS/HER/THEIR  SIGNATURE(S) ON THE INSTRUMENT, THE INDIVIDUAL(S), OR
 THE PERSON UPON BEHALF OF WHICH THE INDIVIDUAL(S)  ACTED,  EXECUTED  THE
 INSTRUMENT. (SIGNATURE AND OFFICE OF INDIVIDUAL TAKING ACKNOWLEDGEMENT.)
   (G)  FOR  RECEIPT AND CERTIFICATION OF INSTRUMENTS, THE PRINCIPAL MUST
 TRANSMIT BY FAX OR ELECTRONIC MEANS A LEGIBLE COPY OF THE SIGNED  SIGNA-
 TURE  PAGE  DIRECTLY TO THE NOTARY PUBLIC ON THE SAME DATE IT WAS SIGNED
 BEFORE THE NOTARY PUBLIC AFFIXES THEIR WET SIGNATURE.
   (H) THE NOTARY PUBLIC MUST BE PHYSICALLY SITUATED IN NEW YORK STATE AT
 THE TIME OF THE REMOTE NOTARIZATION.
   (I) THE NOTARY PUBLIC MUST MAINTAIN A JOURNAL OF EACH REMOTE NOTARIZA-
 TION PERFORMED PURSUANT TO THIS SECTION, WHICH  UPON  DEMAND,  SHALL  BE
 SUBJECT TO INSPECTION BY THE SECRETARY OF STATE. THE JOURNAL REQUIRED BY
 THIS  SUBDIVISION  SHALL BE MAINTAINED BY EACH NOTARY PUBLIC FOR AS LONG
 AS SUCH NOTARY PUBLIC REMAINS IN OFFICE AND THEN FOR AN ADDITIONAL  FIVE
 YEARS THEREAFTER. EACH JOURNAL ENTRY SHALL:
   (1)  BE  MADE  CONTEMPORANEOUSLY  WITH THE PERFORMANCE OF THE NOTARIAL
 ACT;
   (2) INDICATE THE DATE AND APPROXIMATE TIME OF THE NOTARIAL ACT;
   (3) INDICATE THE NAME OF THE PRINCIPAL;
   (4) INDICATE THE TECHNOLOGY USED TO PERFORM THE REMOTE PRESENTATION;
   (5) INDICATE THE NUMBER AND TYPE OF NOTARIAL SERVICES PROVIDED; AND
   (6) INDICATE THE TYPE OF CREDENTIAL USED TO IDENTIFY THE PRINCIPAL.

 S. 2508                            51                            A. 3008
 
   3. THE NOTARY PUBLIC MUST BE ABLE TO VERIFY THE IDENTITY OF THE  PRIN-
 CIPAL  AT  THE TIME THE NOTARIAL ACT IS PROVIDED BY ONE OF THE FOLLOWING
 METHODS:
   (A) THE NOTARY PUBLIC'S PERSONAL KNOWLEDGE OF THE PRINCIPAL; OR
   (B)  IDENTIFICATION  OF  THE PRINCIPAL WHO APPEARS REMOTELY BEFORE THE
 NOTARY BY MEANS OF AUDIO-VIDEO COMMUNICATION BY EACH OF THE FOLLOWING:
   (I) REMOTE PRESENTATION BY THE PRINCIPAL OF A CREDENTIAL;
   (II) CREDENTIAL ANALYSIS; AND
   (III) IDENTITY PROOFING OF THE PRINCIPAL; OR
   (C) OATH OR AFFIRMATION OF A CREDIBLE WITNESS WHO PERSONALLY KNOWS THE
 PRINCIPAL AND WHO IS EITHER PERSONALLY KNOWN TO THE NOTARY PUBLIC OR WHO
 IS IDENTIFIED BY THE NOTARY PUBLIC UNDER PARAGRAPH (B) OF THIS  SUBDIVI-
 SION.
   4.  THE NOTARY PUBLIC MAY NOTARIZE THE ELECTRONICALLY TRANSMITTED COPY
 OF THE DOCUMENT AND TRANSMIT THE DOCUMENT BACK TO THE PRINCIPAL BY MAIL,
 OR BY FAX OR SECURE ELECTRONIC MEANS. IF THE NOTARIZED DOCUMENT IS TRAN-
 SMITTED TO THE PRINCIPAL BY FAX OR SECURE ELECTRONIC MEANS,  THE  NOTARY
 PUBLIC  SHALL PROMPTLY DESTROY THE ORIGINAL AFTER RECEIVING CONFIRMATION
 OF THE TRANSMISSION. AN ELECTRONICALLY  TRANSMITTED  DOCUMENT  NOTARIZED
 PURSUANT  TO  THIS SECTION SHALL BE CONSIDERED AN ORIGINAL DOCUMENT. THE
 NOTARY PUBLIC MAY REPEAT THE NOTARIZATION OF THE ORIGINAL  SIGNED  DOCU-
 MENT  AS  OF  THE  DATE OF EXECUTION PROVIDED THE NOTARY PUBLIC RECEIVES
 SUCH ORIGINAL SIGNED DOCUMENT TOGETHER WITH THE ELECTRONICALLY NOTARIZED
 COPY WITHIN THIRTY DAYS AFTER THE DATE OF EXECUTION.
   5. NOTWITHSTANDING ARTICLE 9 OF THE REAL PROPERTY LAW OR ANY OTHER LAW
 OR REGULATION TO THE CONTRARY, ANY ACT PERFORMED IN CONFORMITY WITH THIS
 SECTION SHALL BE A PERMISSIVE  ALTERNATIVE  TO  A  PERSONAL  APPEARANCE,
 UNLESS  A  LAW EXPRESSLY EXCLUDES THE AUTHORIZATION PROVIDED FOR IN THIS
 SECTION.
   6. ANY PERSON WHO SUFFERS ACTUAL DAMAGES AS A RESULT  OF  A  PRINCIPAL
 WHO  VIOLATES  ANY OF THE PROVISIONS OF THIS SECTION, SHALL HAVE A CIVIL
 CAUSE OF ACTION AGAINST ANY SUCH  PRINCIPAL  IN  A  COURT  OF  COMPETENT
 JURISDICTION.
   7.  THE  SECRETARY  OF  STATE  MAY PROMULGATE REGULATIONS ESTABLISHING
 MINIMUM STANDARDS THAT RELATE TO REASONABLE SECURITY MEASURES TO PREVENT
 UNAUTHORIZED ACCESS TO AUDIO-VIDEO COMMUNICATION AND TO THE METHODS USED
 TO VERIFY THE IDENTITY OF THE PRINCIPAL, AND ANY OTHER MATTERS NECESSARY
 TO ADMINISTER THE PROVISIONS OF THIS SECTION.
   8. PURSUANT TO SECTION ONE HUNDRED THIRTY OF THIS ARTICLE, THE  SECRE-
 TARY  OF  STATE MAY SUSPEND OR REMOVE FROM OFFICE ANY NOTARY PUBLIC THAT
 VIOLATES THIS SECTION.
   9. NOTARIAL SIGNATURE.
   (A) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PERMITTING A  NOTARY
 PUBLIC  TO USE AN ELECTRONIC SIGNATURE TO PERFORM A REMOTE NOTARIZATION.
 EACH REMOTE NOTARIZATION SHALL BE COMPLETED BY WET SIGNATURE.
   (B) A COUNTY CLERK MAY CERTIFY PURSUANT TO SECTION ONE  HUNDRED  THIR-
 TY-THREE  OF  THIS ARTICLE THE AUTOGRAPH SIGNATURE OF A NOTARY PUBLIC ON
 ANY DOCUMENT THAT HAS BEEN REMOTELY NOTARIZED IN  COMPLIANCE  WITH  THIS
 SECTION.
   10. FEES. NOTWITHSTANDING SECTION ONE HUNDRED THIRTY-SIX OF THIS ARTI-
 CLE,  A  NOTARY  PUBLIC  THAT PERFORMS A REMOTE NOTARIZATION PURSUANT TO
 THIS SECTION SHALL BE ENTITLED TO THE FOLLOWING FEES:
   (A) FOR ADMINISTERING AN OATH OR AFFIRMATION, AND CERTIFYING THE  SAME
 WHEN  REQUIRED,  EXCEPT  WHERE ANOTHER FEE IS SPECIFICALLY PRESCRIBED BY
 STATUTE, FIVE DOLLARS.

 S. 2508                            52                            A. 3008
 
   (B) FOR TAKING AND CERTIFYING THE ACKNOWLEDGMENT OR PROOF OF EXECUTION
 OF A WRITTEN INSTRUMENT, BY ONE PERSON, FIVE DOLLARS, AND BY EACH  ADDI-
 TIONAL  PERSON,  FIVE  DOLLARS,  FOR SWEARING EACH WITNESS THERETO, FIVE
 DOLLARS.
   11. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING ANY NOTARY
 PUBLIC  TO  PERFORM A REMOTE NOTARIZATION. A NOTARY PUBLIC MAY REFUSE TO
 PERFORM A NOTARIAL ACT IF THE NOTARY PUBLIC IS NOT  SATISFIED  THAT  (I)
 THE  PRINCIPAL  IS COMPETENT OR HAS THE CAPACITY TO EXECUTE A RECORD, OR
 (II) THE PRINCIPAL'S SIGNATURE IS KNOWINGLY AND VOLUNTARILY MADE.
   § 2. Subdivision 1 of section 309-a of the real property law, as sepa-
 rately amended by chapter 179 of the laws of 1997 and chapter 596 of the
 laws of 1998, is amended to read as follows:
   1. The certificate of an  acknowledgment,  within  this  state,  of  a
 conveyance  or  other  instrument in respect to real property situate in
 this state, by a person, must conform substantially with  the  following
 form, the blanks being properly filled:
 State of New York }ss.:
 County of ........}
 On  the  ..........  day  of  ........  in the year ..... before me, the
 undersigned, EITHER (I) personally appeared OR (II) APPEARED REMOTELY BY
 AUDIO AND VIDEO TECHNOLOGY ........, personally known to me or proved to
 me on the basis of satisfactory evidence to be the  individual(s)  whose
 name(s) is (are) subscribed to the within instrument and acknowledged to
 me  that  he/she/they  executed the same in his/her/their capacity(ies),
 and  that  by  his/her/their  signature(s)  on   the   instrument,   the
 individual(s),  or  the  person  upon  behalf of which the individual(s)
 acted, executed the instrument.
   (Signature and office of individual taking acknowledgement.)
   § 3. Subdivision 1 of section 309-b  of  the  real  property  law,  as
 amended  by  chapter  609  of  the  laws  of 2002, is amended to read as
 follows:
   1. The certificate of an acknowledgement, without  this  state,  of  a
 conveyance  or other instrument with respect to real property situate in
 this state, by a person, may conform substantially  with  the  following
 form, the blanks being properly filled:
 State, District of Columbia, Territory, Possession, or Foreign Country
                ) ss.:
 
 On  the  _______  day  of  __________ in the year _______ before me, the
 undersigned, EITHER (I) personally appeared OR (II) APPEARED REMOTELY BY
 AUDIO AND VIDEO TECHNOLOGY ______________, personally  known  to  me  or
 proved   to  me  on  the  basis  of  satisfactory  evidence  to  be  the
 individual(s) whose name(s) is (are) subscribed to the within instrument
 and  acknowledged  to  me  that  he/she/they  executed   the   same   in
 his/her/their  capacity(ies),  and that by his/her/their signature(s) on
 the instrument, the individual(s), or the person upon  behalf  of  which
 the individual(s) acted, executed the instrument.
   (Signature and office of individual taking acknowledgement.)
   § 4. This act shall take effect immediately.
 
                                  PART Q
 
   Section  1.  Paragraph  (b)  of subdivision 5 of section 8-0111 of the
 environmental conservation law, as amended by chapter 388 of the laws of
 2011, is amended to read as follows:

 S. 2508                            53                            A. 3008

   (b) Actions subject to the provisions requiring a certificate of envi-
 ronmental compatibility and public need in articles seven, ten  and  the
 former  article  eight  of  the public service law OR REQUIRING A SITING
 PERMIT UNDER SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW; or
   § 2. Paragraph (i) of subdivision 3 and paragraph (d) of subdivision 7
 of  section 94-c of the executive law, as added by section 4 of part JJJ
 of chapter 58 of the laws of 2020, is amended to read as follows:
   (i) Notwithstanding any other provision of law, rule, or regulation to
 the contrary and consistent with appropriations therefor,  employees  of
 any  state  agency  who are necessary to the functions of the office and
 who may be substantially engaged in the  performance  of  its  functions
 shall  be transferred to the office in accordance with the provisions of
 section [seventy-eight] SEVENTY of  the  civil  service  law.  Employees
 transferred  pursuant  to  this  section  shall  be  transferred without
 further examination or qualification and shall retain  their  respective
 civil  service  classifications.  Nothing  set forth in this subdivision
 shall be construed to impede, infringe, or diminish the rights and bene-
 fits that accrue to employees through collective bargaining  agreements,
 impact  or  change  an  employee's  membership  in a bargaining unit, or
 otherwise diminish the integrity of the collective bargaining  relation-
 ship.
   (d)  In  addition to the fees established pursuant to paragraph (a) of
 this subdivision, the office, pursuant to regulations  adopted  pursuant
 to  this  section,  may assess a fee for the purpose of recovering [the]
 costs the office incurs [related to reviewing and processing an applica-
 tion submitted under this section].
   § 3. Subdivision 2-b of section  2  of  the  public  service  law,  as
 amended by chapter 6 of the laws of 2011, is amended to read as follows:
   2-b.  The  term  "alternate  energy production facility," when used in
 this chapter, includes any solar, wind turbine, fuel cell,  tidal,  wave
 energy,  waste  management  resource recovery, refuse-derived fuel, wood
 burning facility, or energy storage  device  utilizing  batteries,  flow
 batteries, flywheels or compressed air, together with any related facil-
 ities  located  at  the  same  project site, with an electric generating
 capacity of [up  to  eighty]  LESS  THAN  TWENTY-FIVE  megawatts,  which
 produces electricity, gas or useful thermal energy.
   §  4.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 3, 2020; provided,
 however, that section three of this act shall not  apply  to  any  major
 electric  generating  facility  issued a certificate under article 10 of
 the public service law prior to such date; and  provided  further,  that
 the amendments to section 94-c of the executive law, made by section two
 of  this  act,  shall not affect the repeal of such section and shall be
 deemed repealed therewith.
 
                                  PART R
 
   Section 1. Notwithstanding any  provision  of  law  to  the  contrary,
 general,  special  or local, (1) a building owner is authorized pursuant
 to sections 28-320-3.6 and 28-320-3.6.1 of the  administrative  code  of
 the  city  of New York to deduct from the reported annual building emis-
 sions the number of renewable energy credits purchased by or  on  behalf
 of  such  owner  associated  with  energy produced by a renewable energy
 resource that is eligible under tier 2 of the renewable energy  standard
 (RES)  adopted by the public service commission, or qualifying renewable
 energy credits made available through contracts with the New York  state

 S. 2508                            54                            A. 3008
 
 energy  research  and  development  authority and associated with energy
 produced by offshore wind energy resources delivering into  the  zone  J
 load  zone  or  energy resources subject to tier 4 of the RES; provided,
 however,  that  such building owner may only use tier 2 renewable energy
 credits for the purposes of this  subdivision  in  the  absence  of  the
 availability  of  such offshore wind or tier 4 renewable energy credits;
 and (2) renewable energy credits associated with energy produced by such
 offshore wind, tier 2 and tier 4 energy resources shall be  treated  the
 same  with respect to the conversion of such credits into emissions that
 may be deducted by such building owner.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed December 31, 2034.
 
                                  PART S
 
   Section  1.  The  public  authorities  law  is amended by adding a new
 section 2564-a to read as follows:
   § 2564-A. ADDITIONAL POWERS OF THE CORPORATION. 1. FOR THE PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "PREMISES" MEANS ALL BUILDINGS AND  STRUCTURES  NOW  OR  HEREAFTER
 CONSTITUTING ALL OR ANY PART OF THE JACOB K. JAVITS CONVENTION CENTER AT
 AND  IN  THE  GENERAL VICINITY OF 655 WEST 34TH STREET AND 650 WEST 39TH
 STREET, NEW YORK, NEW YORK, TOGETHER WITH THE LANDS ON WHICH SUCH BUILD-
 INGS AND STRUCTURES ARE OR WILL BE LOCATED.
   (B) "NEW YORK CITY CODES" MEANS THE NEW YORK CITY  CONSTRUCTION  CODES
 OF  TWO  THOUSAND  FOURTEEN,  INCLUDING BUT NOT LIMITED TO THE BUILDING,
 MECHANICAL, PLUMBING, FUEL GAS, AND ENERGY CONSERVATION CODES;  THE  NEW
 YORK  CITY  CONSTRUCTION AND MAINTENANCE CODE OF NINETEEN HUNDRED SIXTY-
 EIGHT; THE NEW YORK CITY FIRE CODE OF TWO  THOUSAND  FOURTEEN;  THE  NEW
 YORK  CITY  ELECTRICAL CODE; THE NEW YORK CITY ENERGY CODE; TITLE ONE OF
 THE RULES OF THE CITY OF NEW YORK, DEPARTMENT OF BUILDINGS; TITLE TWO OF
 THE RULES OF THE CITY OF NEW YORK BOARD OF STANDARDS  AND  APPEALS;  AND
 TITLE THREE OF THE RULES OF THE CITY OF NEW YORK FIRE DEPARTMENT.
   (C)  "THE  UNIFORM  CODE"  MEANS  THE  NEW  YORK  STATE  UNIFORM  FIRE
 PREVENTION AND BUILDING CODE.
   (D) "THE NYS ENERGY CODE" MEANS THE NEW YORK STATE ENERGY CONSERVATION
 CONSTRUCTION CODE.
   (E) "PART TWELVE HUNDRED FOUR" MEANS PART TWELVE HUNDRED FOUR OF TITLE
 NINETEEN OF THE CODES, RULES AND  REGULATIONS  OF  NEW  YORK  STATE,  AS
 AMENDED.
   2.  IN  CONNECTION  WITH  THE  OPERATIONS AND ONGOING EVENTS AND OTHER
 ACTIVITIES AT ANY BUILDING OR STRUCTURE CONSTITUTING ALL OR ANY PART  OF
 A  PREMISES,  THE CORPORATION MAY, FOR PURPOSES OF SUCH PREMISES, ACT AS
 THE CONSTRUCTION-PERMITTING AGENCY PURSUANT TO ARTICLE EIGHTEEN  OF  THE
 EXECUTIVE  LAW  AND  THE REGULATIONS PROMULGATED THEREUNDER, AS AMENDED.
 NOTWITHSTANDING ANY OTHER PROVISION OF ANY OTHER  STATE  OR  LOCAL  LAW,
 RULE OR REGULATION TO THE CONTRARY:
   (A)  WHEN  THE  CORPORATION ACTS AS THE CONSTRUCTION-PERMITTING AGENCY
 FOR THE PREMISES OR ANY PORTION THEREOF, THE CORPORATION MAY  ELECT,  IF
 DEEMED  FEASIBLE  AND  APPROPRIATE,  TO  SUBJECT ALL OR ANY PART OF SUCH
 PREMISES AND ALL BUILDINGS AND STRUCTURES CONSTITUTING ALL OR  ANY  PART
 OF  THE  PREMISES  TO  THE  REQUIREMENTS  OF THE NEW YORK CITY CODES, AS
 AMENDED, INSTEAD OF THE REQUIREMENTS OF THE UNIFORM  CODE  AND  THE  NYS
 ENERGY CODE, AS AMENDED, FOR SUCH PREMISES; AND
   (B)  NOTWITHSTANDING THE FACT THAT SUCH PREMISES AND ALL BUILDINGS AND
 STRUCTURES CONSTITUTING ALL OR  ANY  PART  OF  SUCH  PREMISES  SHALL  BE

 S. 2508                            55                            A. 3008
 
 SUBJECT  TO  THE  REQUIREMENTS OF THE NEW YORK CITY CODES INSTEAD OF THE
 REQUIREMENTS OF THE UNIFORM CODE AND NYS ENERGY CODE:
   (I) THE CORPORATION SHALL BE AUTHORIZED TO:
   (A)  RENDER  SUCH SERVICES FOR ALL OR ANY PORTION OF ANY SUCH PREMISES
 WITHOUT APPROVAL OF ANY  OTHER  STATE  DEPARTMENT,  AGENCY,  OFFICER  OR
 OFFICE  BUT  ONLY  AS  DIRECTLY RELATED TO THE AUTHORITY GRANTED BY THIS
 SECTION; AND
   (B) TAKE ALL REASONABLY REQUIRED ACTIONS TO EXECUTE ITS DUTIES AS  THE
 CONSTRUCTION-PERMITTING  AGENCY,  INCLUDING  WITHOUT  LIMITATION,  THOSE
 REQUIRED TO REVIEW, PERMIT AND INSPECT THE PREMISES AND ENFORCE THE  NEW
 YORK CITY CODES; AND
   (C)  ISSUE  TEMPORARY  PLACE  OF ASSEMBLY PERMITS, TEMPORARY STRUCTURE
 PERMITS, CONSTRUCTION PERMITS AND ALL OTHER PERMITS AVAILABLE UNDER  THE
 NEW  YORK  CITY  CODES  AFTER DETERMINING ANY REQUEST OR APPLICATION FOR
 SUCH PERMITS COMPLIES WITH THE REQUIREMENTS OF THE NEW YORK CITY  CODES;
 AND
   (D)  ISSUE A CODE COMPLIANCE CERTIFICATE, CERTIFICATE OF OCCUPANCY, OR
 A TEMPORARY APPROVAL FOR OCCUPANCY ALLOWING USE  AND  OCCUPANCY  OF  THE
 PREMISES OR PARTS THEREOF AFTER DETERMINING SUCH PREMISES OR PARTS THER-
 EOF COMPLIES WITH THE REQUIREMENTS OF THE NEW YORK CITY CODES; AND
   (E)  EMPLOY  SUCH  EXPERTS  AND  CONSULTANTS  AS  SHALL  REASONABLY BE
 REQUIRED TO FULFILL ITS RESPONSIBILITIES AS THE  CONSTRUCTION-PERMITTING
 AGENCY; AND
   (II) THE CORPORATION SHALL CONTINUE TO ACT AS THE CONSTRUCTION-PERMIT-
 TING  AGENCY  FOR  SUCH  PREMISES  AND  FOR ALL BUILDINGS AND STRUCTURES
 CONSTITUTING ALL OR ANY PART OF SUCH PREMISES, AND SHALL DETERMINE  THAT
 THE  DESIGN  OF  ANY SUCH BUILDING AND STRUCTURE, OR, IF APPLICABLE, THE
 DESIGN OF ANY PHASE OR  PORTION  OF  ANY  SUCH  BUILDING  OR  STRUCTURE,
 COMPLIES WITH THE REQUIREMENTS OF THE NEW YORK CITY CODES BEFORE ISSUING
 A  CONSTRUCTION  PERMIT  FOR  SUCH  BUILDING  OR  STRUCTURE, OR PHASE OR
 PORTION THEREOF, AND SHALL DETERMINE THAT SUCH  BUILDING  OR  STRUCTURE,
 OR,  IF  APPLICABLE,  ANY  PHASE  OR  PORTION THEREOF, COMPLIES WITH THE
 REQUIREMENTS OF THE NEW YORK CITY CODES BEFORE ISSUING A CODE COMPLIANCE
 CERTIFICATE OR TEMPORARY APPROVAL FOR OCCUPANCY  FOR  SUCH  BUILDING  OR
 STRUCTURE, OR PHASE OR PORTION THEREOF; AND
   (III)  UPON WRITTEN REQUEST OF THE CORPORATION OR ANY OTHER INTERESTED
 PARTY FOR A VARIANCE OR MODIFICATION OF ANY PROVISION OR REQUIREMENT  OF
 ANY  ONE  OR  MORE  OF  THE NEW YORK CITY CODES, THE DEPARTMENT OF STATE
 SHALL BE AUTHORIZED TO CONSIDER THE  EVIDENCE  OFFERED  AND  SUCH  OTHER
 REPORTS,  STUDIES AND OTHER INFORMATION THE DEPARTMENT OF STATE MAY DEEM
 APPROPRIATE, ARRANGE FOR THE REVIEW OF THE REQUEST BY OTHER STATE  AGEN-
 CIES  OR  INTERNAL OR EXTERNAL EXPERTS AND CONSULTANTS, MAKE FINDINGS OF
 FACT AND CONCLUSIONS OF LAW, AND RENDER A DECISION IN  WRITING  ON  SUCH
 REQUEST,  GRANTING  OR DENYING, IN WHOLE OR IN PART, THE REQUESTED VARI-
 ANCE OR MODIFICATION, PROVIDED, HOWEVER, THAT:
   (A) NO SUCH VARIANCE OR  MODIFICATION  SHALL  BE  GRANTED  UNLESS  THE
 APPLICANT  ESTABLISHES  TO  THE  SATISFACTION OF THE DEPARTMENT OF STATE
 THAT GRANTING SUCH VARIANCE OR MODIFICATION SHALL NOT MATERIALLY  AFFECT
 ADVERSELY PROVISIONS FOR HEALTH, SAFETY AND SECURITY; AND
   (B)  ANY  DECISION TO GRANT A VARIANCE OR MODIFICATION, IN WHOLE OR IN
 PART, SHALL ALSO BE NOTED ON THE  APPLICABLE  PLANS  AND  SPECIFICATIONS
 SIGNED AND SEALED BY A PROFESSIONAL ENGINEER OR ARCHITECT; AND
   (IV)  SUCH  PREMISES AND ALL BUILDINGS AND STRUCTURES CONSTITUTING ALL
 OR ANY PART OF SUCH  PREMISES  SHALL  CONTINUE  TO  BE  SUBJECT  TO  THE
 PROVISIONS  OF PART TWELVE HUNDRED FOUR; PROVIDED, HOWEVER, THAT FOR THE
 PURPOSES OF APPLYING PART TWELVE HUNDRED FOUR, ALL  REFERENCES  IN  PART

 S. 2508                            56                            A. 3008
 
 TWELVE HUNDRED FOUR TO THE UNIFORM CODE SHALL BE DEEMED TO BE REFERENCES
 TO THE NEW YORK CITY CODES; AND
   (V)  NO  MUNICIPAL  CORPORATION  OR SUBDIVISION THEREOF SHALL HAVE THE
 POWER TO MODIFY OR CHANGE THE PLANS OR SPECIFICATIONS FOR SUCH PREMISES,
 OR THE CONSTRUCTION, PLUMBING, HEATING,  LIGHTING  OR  OTHER  MECHANICAL
 BRANCH  WORK  NECESSARY TO COMPLETE THE WORK IN QUESTION, NOR TO REQUIRE
 THAT ANY PERSON, FIRM OR CORPORATION EMPLOYED ON  ANY  SUCH  WORK  SHALL
 PERFORM  ANY  SUCH WORK IN ANY OTHER DIFFERENT MANNER THAN THAT REQUIRED
 BY SUCH PLANS AND SPECIFICATIONS, NOR  TO  CONDUCT  CONSTRUCTION-RELATED
 INSPECTIONS,  INCLUDING  BUT  NOT  LIMITED TO FIRE SAFETY INSPECTIONS OR
 OTHER INSPECTIONS OF SUCH PREMISES  OR  OF  ANY  BUILDING  OR  STRUCTURE
 CONSTITUTING  ALL  OR ANY PART OF SUCH PREMISES, NOR TO ISSUE NOTICES OF
 VIOLATION, ORDERS TO REMEDY,  SUMMONSES,  OR  OTHER  ENFORCEMENT-RELATED
 INSTRUMENTS  OF  ANY  KIND  RELATING TO ANY ALLEGED VIOLATION OF THE NEW
 YORK CITY CODES BY SUCH PREMISES OR ANY BUILDING OR STRUCTURE CONSTITUT-
 ING ALL OR ANY PART OF SUCH PREMISES, AND NO  CONDITION  OR  REQUIREMENT
 WHATEVER MAY BE IMPOSED BY ANY SUCH MUNICIPAL CORPORATION OR SUBDIVISION
 THEREOF  IN  RELATION  TO WORK BEING DONE ON SUCH PREMISES, AS SUCH WORK
 SHALL BE UNDER THE SOLE CONTROL OF THE CORPORATION  IN  ACCORDANCE  WITH
 THE  PLANS,  SPECIFICATION  AND  CONTRACTS IN RELATION THERETO, PROVIDED
 THAT EMERGENCY PERSONNEL SHALL HAVE ACCESS  TO  THE  PREMISES  SITE  FOR
 PURPOSES OF EMERGENCY OPERATIONS, COORDINATION, AND PREPAREDNESS; AND
   (C)  THE  CORPORATION  SHALL  BE  RESPONSIBLE FOR REIMBURSEMENT TO THE
 DEPARTMENT OF STATE FOR COSTS INCURRED IN CONSIDERING A  REQUEST  FOR  A
 VARIANCE  OR MODIFICATION AS CONTEMPLATED BY SUBPARAGRAPH (III) OF PARA-
 GRAPH (B) OF THIS SUBDIVISION.
   3. NOTHING IN THIS SECTION SHALL PROHIBIT THE CORPORATION FROM NEGOTI-
 ATING AN AGREEMENT WITH THE APPLICABLE MUNICIPAL CORPORATION  TO  ASSUME
 ADMINISTRATION  AND  ENFORCEMENT OF ANY APPLICABLE CODES WITH RESPECT TO
 THE PREMISES OR ANY INDIVIDUAL PROJECT ON THE PREMISES.
   4. NOTHING IN THIS SECTION SHALL PROHIBIT THE CORPORATION FROM UTILIZ-
 ING THE UNIFORM CODE AND THE NYS ENERGY CODE, AS AMENDED FOR  ANY  ADDI-
 TIONAL WORK THAT REQUIRES A CONSTRUCTION PERMIT.
   § 2. This act shall take effect immediately.
 
                                  PART T
 
   Section  1.  Legislative  Findings.  The  legislature hereby finds and
 determines that the establishment of  the  utility  debt  securitization
 authority  under  part B of chapter 173 of the laws of 2013, as amended,
 permitted the issuance of securitized restructuring bonds  on  favorable
 terms  which  resulted in lower aggregate distribution, transmission and
 transition charges to Long Island ratepayers, compared to  other  avail-
 able alternatives, and the purposes of such act will be further advanced
 by  amending  such  act  to permit the issuance of additional such bonds
 subject to a limit on the outstanding principal amount  thereof  and  to
 allow  such bonds to be issued to refund bonds of the utility debt secu-
 ritization authority. The legislature hereby further  finds  and  deter-
 mines  that  improvements to the transmission and distribution system of
 the Long Island Power Authority to increase resiliency and better  with-
 stand  the effects of climate change are necessary, and that issuance of
 securitized restructuring  bonds  by  the  Utility  Debt  Securitization
 Authority  may  allow the funding of such improvements on more favorable
 terms than if such bonds were issued by the Long Island Power Authority.
   § 2. Subdivision 2 of section 2 of part B of chapter 173 of  the  laws
 of  2013  relating to the issuance of securitized restructuring bonds to

 S. 2508                            57                            A. 3008
 
 refinance the outstanding debt of the Long Island  power  authority,  is
 amended to read as follows:
   2.  "Approved  restructuring  costs"  means, to the extent approved as
 such under a restructuring cost financing order, (a) costs  of  purchas-
 ing, redeeming or defeasing a portion of outstanding debt of the author-
 ity  OR  THE RESTRUCTURING BOND ISSUER, including bonds and notes issued
 by the authority OR THE RESTRUCTURING BOND ISSUER, debt  issued  by  the
 New York state energy research and development authority for the benefit
 of  the LILCO; (b) costs of terminating interest rate swap contracts and
 other financial contracts entered into by or  for  the  benefit  of  the
 authority  and related to debt obligations of the authority; (c) rebate,
 yield reduction payments and any other amounts  payable  to  the  United
 States  Treasury  or  to  the  Internal  Revenue  Service to preserve or
 protect the federal tax-exempt status of outstanding debt obligations of
 the  authority;  [and]  (d)  upfront  financing  costs  associated  with
 restructuring bonds; AND (E) SYSTEM RESILIENCY COSTS.
   §  3. Subdivision 11 of section 2 of part B of chapter 173 of the laws
 of 2013 relating to the issuance of securitized restructuring  bonds  to
 refinance  the  outstanding  debt of the Long Island power authority, as
 amended by section 2-a of part W of chapter 58 of the laws of  2015,  is
 amended to read as follows:
   11.  "Restructuring  bonds"  means bonds or other evidences of indebt-
 edness that are issued pursuant to an indenture or  other  agreement  of
 the restructuring bond issuer under a restructuring cost financing order
 (a)  the proceeds of which are used, directly or indirectly, to recover,
 finance, or refinance approved restructuring costs, (b) that are direct-
 ly or indirectly secured by, or payable  from,  restructuring  property,
 AND  (c) that have a term no longer than thirty years [and (d) that have
 a final scheduled maturity date no later than the final scheduled  matu-
 rity  date  of  the authority bonds purchased, redeemed or defeased with
 the proceeds of such restructuring bonds].
   § 4. Section 2 of part B of chapter 173 of the laws of  2013  relating
 to  the  issuance  of  securitized  restructuring bonds to refinance the
 outstanding debt of the Long  Island  power  authority,  is  amended  by
 adding a new subdivision 17-a to read as follows:
   17-A.  "SYSTEM RESILIENCY COSTS" MEANS, TO THE EXTENT APPROVED AS SUCH
 UNDER A RESTRUCTURING COST FINANCING ORDER, COSTS OF REBUILDING, IMPROV-
 ING OR CONSTRUCTING  TRANSMISSION  AND  DISTRIBUTION  SYSTEM  ASSETS  TO
 INCREASE RESILIENCY OF SUCH ASSETS, BETTER WITHSTAND CHANGES IN CLIMATE,
 ABSORB  IMPACTS  FROM  OUTAGE-INDUCING  EVENTS, AND RECOVER QUICKLY FROM
 OUTAGES INCLUDING BUT NOT LIMITED TO, IMPROVEMENTS TO AND REPLACEMENT OF
 POLES AND WIRES, MOVING POWER LINES  UNDERGROUND,  RAISING  SUBSTATIONS,
 CONSTRUCTING FLOOD BARRIERS, AND SYSTEM AUTOMATION AND COSTS OF PURCHAS-
 ING,  REDEEMING  OR  DEFEASING DEBT OF THE AUTHORITY INCURRED TO FINANCE
 SUCH COSTS OR REIMBURSING THE AUTHORITY FOR  AMOUNTS  ALREADY  SPENT  ON
 SUCH COSTS.
   §  5.  Subdivision 1 of section 3 of part B of chapter 173 of the laws
 of 2013 relating to the issuance of securitized restructuring  bonds  to
 refinance  the  outstanding  debt of the Long Island power authority, is
 amended to read as follows:
   1. Standard. The authority may prepare a restructuring cost  financing
 order  (A)  for  the purpose of issuing restructuring bonds to refinance
 outstanding debt of the authority OR THE RESTRUCTURING BOND ISSUER based
 on a finding that such bond issuance is expected to result in savings to
 consumers of electric transmission  and  distribution  services  in  the
 service  area  on  a  net present value basis; OR (B) FOR THE PURPOSE OF

 S. 2508                            58                            A. 3008
 
 ISSUING RESTRUCTURING BONDS TO FINANCE SYSTEM RESILIENCY COSTS BASED  ON
 A  FINDING  THAT  FUNDING  OF SUCH SYSTEM RESILIENCY COSTS BY THE ISSUER
 WOULD RESULT IN LOWER COSTS TO CONSUMERS OF  ELECTRIC  TRANSMISSION  AND
 DISTRIBUTION  SERVICES  IN THE SERVICE AREA ON A NET PRESENT VALUE BASIS
 THAN FUNDING OF SUCH COSTS BY THE AUTHORITY.
   § 6. Paragraph (a) of subdivision 1 of section 4 of part B of  chapter
 173 of the laws of 2013 relating to the issuance of securitized restruc-
 turing  bonds to refinance the outstanding debt of the Long Island power
 authority, as amended by section 3 of part W of chapter 58 of  the  laws
 of 2015, is amended to read as follows:
   (a)  For  the purpose of effectuating the purposes declared in section
 one of this act, there is hereby created  a  special  purpose  corporate
 municipal  instrumentality  of  the  state  to be known as "utility debt
 securitization authority", which shall be a body corporate and  politic,
 a  political subdivision of the state, and a public benefit corporation,
 exercising essential governmental and public powers for the good of  the
 public.    Such restructuring bond issuer shall not be created or organ-
 ized, and its operations shall not be  conducted,  for  the  purpose  of
 making a profit. No part of the revenues or assets of such restructuring
 bond  issuer  shall  inure  to the benefit of or be distributable to its
 trustees or officers or any other  private  persons,  except  as  herein
 provided  for actual services rendered.  [The aggregate principal amount
 of restructuring bonds authorized to be  issued  by  restructuring  bond
 issuers created pursuant to this act shall not exceed] NO MORE THAN four
 billion  five  hundred  million  dollars  AGGREGATE  PRINCIPAL AMOUNT OF
 RESTRUCTURING BONDS ISSUED BY RESTRUCTURING BOND ISSUERS CREATED  PURSU-
 ANT  TO  THIS  ACT SHALL BE OUTSTANDING AT ANY TIME. FOR THE PURPOSES OF
 THIS SECTION, RESTRUCTURING BONDS SHALL NOT BE DEEMED TO BE  OUTSTANDING
 IF  THEY HAVE MATURED OR IF THEY HAVE BEEN PAID OR REDEEMED OR PROVISION
 FOR PAYMENT OR REDEMPTION OF SUCH BONDS SHALL HAVE BEEN MADE.
   § 7. Subparagraphs (i) and (iv) of paragraph (a) of subdivision  2  of
 section  4  of part B of chapter 173 of the laws of 2013 relating to the
 issuance  of   securitized   restructuring   bonds   to   refinance  the
 outstanding debt of the Long Island power authority, subparagraph (i) as
 amended and subparagraph (iv) as added by section 4 of part W of chapter
 58 of the laws of 2015,  are  amended to read as follows:
   (i) issue the restructuring bonds contemplated by a restructuring cost
 financing  order,  and  use the proceeds thereof to purchase or acquire,
 and to own, hold and use  restructuring  property  or  to  pay  or  fund
 upfront  financing costs [provided, however, that the restructuring bond
 issuer shall not issue restructuring bonds for the purpose of  refunding
 other restructuring bond];
   (iv)  [only]  issue  restructuring  bonds of which the final scheduled
 maturity date of any series of restructuring bonds  shall  be  no  later
 than  [the  final  scheduled  maturity date of the authority bonds to be
 purchased, redeemed or defeased with the proceeds of such  restructuring
 bonds]  THIRTY  YEARS  FROM  THE  DATE OF ISSUANCE OF SUCH RESTRUCTURING
 BONDS.
   § 8. This act shall take effect immediately.
 
                                  PART U
 
   Section 1.  Paragraph 4 of subdivision (c) of  section  188-a  of  the
 economic development law, as added by section 2 of part CC of chapter 60
 of the laws of 2011, is amended to read as follows:

 S. 2508                            59                            A. 3008
 
   (4) The board may base its recommendation on which eligible applicants
 it determines best meet the applicable criteria; provided, however, that
 the  board  shall  dedicate  recharge  New York power as follows: (i) at
 least three hundred fifty megawatts for use at facilities located within
 the  service  territories of the utility corporations that, prior to the
 effective date of this section, purchased  Niagara  and  Saint  Lawrence
 hydroelectric  power for the benefit of their domestic and rural consum-
 ers; (ii) at least two hundred megawatts for the purposes of  attracting
 new  business  to  the state, creating new business within the state, or
 encouraging the expansion of existing businesses within the state,  that
 create  new jobs or leverage new capital investment; and (iii) an amount
 not to exceed one hundred FIFTY megawatts for eligible small  businesses
 and eligible not-for-profit corporations.
   § 2. This act shall take effect immediately.
 
                                  PART V
 
   Section  1.  Subsections  (e) and (g) of section 7002 of the insurance
 law, as amended by chapter 188 of the laws of 2003, are amended to  read
 as follows:
   (e) "Industrial insured" means an insured:
   (1) whose net worth exceeds one hundred million dollars;
   (2)  who  is  a  member  of  a  holding company system whose net worth
 exceeds one hundred million dollars;
   (3) who is the metropolitan transportation authority and its statutory
 subsidiaries. When filing an application to form a pure  captive  insur-
 ance  company  the  metropolitan  transportation  authority shall submit
 written notice of such filing to the governor, the  temporary  president
 of the senate and the speaker of the assembly; [or]
   (4) WHO IS THE POWER AUTHORITY OF THE STATE OF NEW YORK AND ANY STATU-
 TORY SUBSIDIARY OR AFFILIATE THEREOF. WHEN FILING AN APPLICATION TO FORM
 A  PURE CAPTIVE INSURANCE COMPANY THE POWER AUTHORITY SHALL SUBMIT WRIT-
 TEN NOTICE OF SUCH FILING TO THE GOVERNOR, THE  TEMPORARY  PRESIDENT  OF
 THE SENATE AND THE SPEAKER OF THE ASSEMBLY; OR
   (5)  who  is  a  city  with  a population of one million or more. When
 filing an application to form a pure captive insurance company,  a  city
 with  a population of one million or more shall submit written notice of
 such filing to the governor, the temporary president of the  senate  and
 the speaker of the assembly.
   (g)  "Industrial insured group" means any group of unaffiliated indus-
 trial insureds that are engaged in  similar  or  related  businesses  or
 activities,  however,  the  metropolitan  transportation  authority, THE
 POWER AUTHORITY OF THE STATE OF NEW YORK AND ANY STATUTORY SUBSIDIARY OR
 AFFILIATE THEREOF and cities with a population of one  million  or  more
 shall  not  be a member of an industrial insured group, and that collec-
 tively:
   (1) own, control or hold with power to vote  all  of  the  outstanding
 voting shares of stock of a group captive insurance company incorporated
 as a stock insurer; or
   (2)  represent  one  hundred  percent of the voting members of a group
 captive insurance company organized as a mutual insurer.
   § 2. Section 1005 of the public authorities law is amended by adding a
 new subdivision 28 to read as follows:
   28. THE AUTHORITY MAY  ESTABLISH  A  SUBSIDIARY  CORPORATION  FOR  THE
 PURPOSE  OF  FORMING  A  PURE  CAPTIVE  INSURANCE COMPANY AS PROVIDED IN
 SECTION SEVEN THOUSAND TWO OF THE INSURANCE LAW.  THE  MEMBERS  OF  SUCH

 S. 2508                            60                            A. 3008
 
 SUBSIDIARY  CORPORATION OF THE AUTHORITY SHALL BE THE SAME PERSONS HOLD-
 ING THE OFFICES OF MEMBERS OF THE AUTHORITY. SUCH SUBSIDIARY CORPORATION
 SHALL HAVE ALL OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS  AND  OTHER
 EXEMPTIONS  OF  THE AUTHORITY AND OF THE AUTHORITY'S PROPERTY, FUNCTIONS
 AND ACTIVITIES. THE SUBSIDIARY CORPORATION OF  THE  AUTHORITY  SHALL  BE
 SUBJECT  TO  SUIT  IN  ACCORDANCE WITH SECTION ONE THOUSAND SEVENTEEN OF
 THIS TITLE. THE EMPLOYEES OF ANY  SUCH  SUBSIDIARY  CORPORATION,  EXCEPT
 THOSE  WHO  ARE  ALSO  EMPLOYEES  OF  THE AUTHORITY, SHALL NOT BE DEEMED
 EMPLOYEES OF THE AUTHORITY.
   § 3. Subdivision (a) of section 1500 of the tax  law,  as  amended  by
 section  21  of  part A of chapter 59 of the laws of 2014, is amended to
 read as follows:
   (a) The term "insurance corporation" includes a  corporation,  associ-
 ation,  joint stock company or association, person, society, aggregation
 or partnership, by whatever name known,  doing  an  insurance  business,
 and, notwithstanding the provisions of section fifteen hundred twelve of
 this  article,  shall  include  (1) a risk retention group as defined in
 subsection (n) of section five thousand nine hundred two of  the  insur-
 ance  law,  (2)  the state insurance fund and (3) a corporation, associ-
 ation, joint stock company or association, person, society,  aggregation
 or  partnership  doing an insurance business as a member of the New York
 insurance exchange described in section six thousand two hundred one  of
 the  insurance  law.  The  definition  of  the  "state  insurance  fund"
 contained in this subdivision shall be limited  in  its  effect  to  the
 provisions  of  this  article and the related provisions of this chapter
 and shall have no force and effect  other  than  with  respect  to  such
 provisions.  The  term  "insurance  corporation"  shall  also  include a
 captive insurance company doing a captive insurance business, as defined
 in subsections (c) and (b), respectively, of section seven thousand  two
 of  the  insurance law; provided, however, "insurance corporation" shall
 not include the metropolitan transportation authority, THE POWER AUTHOR-
 ITY OF NEW YORK OR ANY STATUTORY SUBSIDIARY OR AFFILIATE THEREOF,  or  a
 public  benefit  corporation  or  not-for-profit corporation formed by a
 city with a population of one million or more pursuant to subsection (a)
 of section seven thousand five of the insurance law, each  of  which  is
 expressly exempt from the payment of fees, taxes or assessments, whether
 state  or  local;  and provided further "insurance corporation" does not
 include any combinable captive insurance company.  The  term  "insurance
 corporation"  shall  also include an unauthorized insurer operating from
 an office within the state, pursuant to paragraph five of subsection (b)
 of section one thousand one hundred one and subsection  (i)  of  section
 two  thousand  one  hundred  seventeen  of  the  insurance law. The term
 "insurance corporation" also includes a health maintenance  organization
 required  to  obtain a certificate of authority under article forty-four
 of the public health law.
   § 4. Subdivision (a) of section 1502-b of the tax law, as  amended  by
 section  22  of  part A of chapter 59 of the laws of 2014, is amended to
 read as follows:
   (a) In lieu of the taxes and tax surcharge imposed by sections fifteen
 hundred one, fifteen hundred two-a, fifteen hundred five-a, and  fifteen
 hundred ten of this article, every captive insurance company licensed by
 the  superintendent  of financial services pursuant to the provisions of
 article seventy of the insurance law, other than the metropolitan trans-
 portation authority, THE POWER AUTHORITY OF NEW YORK  OR  ANY  STATUTORY
 SUBSIDIARY  OR  AFFILIATE  THEREOF,  and a public benefit corporation or
 not-for-profit corporation formed by a city with  a  population  of  one

 S. 2508                            61                            A. 3008
 
 million  or  more  pursuant  to subsection (a) of section seven thousand
 five of the insurance law, each of which is expressly  exempt  from  the
 payment  of fees, taxes or assessments whether state or local, and other
 than  combinable  captive insurance company, shall, for the privilege of
 exercising its corporate franchise, pay a tax on (1)  all  gross  direct
 premiums,  less  return  premiums  thereon,  written on risks located or
 resident in this state and (2) all assumed  reinsurance  premiums,  less
 return  premiums  thereon,  written on risks located or resident in this
 state. The rate of the tax imposed on gross  direct  premiums  shall  be
 four-tenths  of  one  percent  on  all  or  any part of the first twenty
 million dollars of premiums, three-tenths of one percent on all  or  any
 part of the second twenty million dollars of premiums, two-tenths of one
 percent on all or any part of the third twenty million dollars of premi-
 ums,  and  seventy-five  thousandths  of  one  percent on each dollar of
 premiums thereafter. The rate of the tax on assumed reinsurance premiums
 shall be two hundred twenty-five thousandths of one percent  on  all  or
 any  part  of  the first twenty million dollars of premiums, one hundred
 and fifty thousandths of one percent on all or any part  of  the  second
 twenty  million dollars of premiums, fifty thousandths of one percent on
 all or any part of the third twenty  million  dollars  of  premiums  and
 twenty-five thousandths of one percent on each dollar of premiums there-
 after.  The tax imposed by this section shall be equal to the greater of
 (i) the sum of the tax imposed on gross  direct  premiums  and  the  tax
 imposed on assumed reinsurance premiums or (ii) five thousand dollars.
   § 5. This act shall take effect immediately.
 
                                  PART W
 
   Section  1.  Expenditures  of  moneys  by  the  New  York state energy
 research and development authority for  services  and  expenses  of  the
 energy   research,  development  and  demonstration  program,  including
 grants, the energy policy and planning program, the zero emissions vehi-
 cle and electric vehicle rebate program, and the Fuel NY  program  shall
 be  subject  to  the  provisions  of this section.   Notwithstanding the
 provisions of subdivision 4-a of section 18-a of the public service law,
 all moneys committed or expended in an amount not to exceed  $22,700,000
 shall  be  reimbursed by assessment against gas corporations, as defined
 in subdivision 11 of section 2 of the public service  law  and  electric
 corporations  as  defined  in  subdivision 13 of section 2 of the public
 service law, where such gas corporations and electric corporations  have
 gross  revenues from intrastate utility operations in excess of $500,000
 in the preceding calendar year, and the total amount assessed  shall  be
 allocated to each electric corporation and gas corporation in proportion
 to  its  intrastate  electricity  and  gas revenues in the calendar year
 2019. Such  amounts  shall  be  excluded  from  the  general  assessment
 provisions  of  subdivision 2 of section 18-a of the public service law.
 The chair of the public service commission shall bill  such  gas  and/or
 electric  corporations for such amounts on or before August 10, 2021 and
 such amounts shall be paid to the New York  state  energy  research  and
 development authority on or before September 10, 2021. Upon receipt, the
 New  York  state energy research and development authority shall deposit
 such funds in the energy research and development operating fund  estab-
 lished  pursuant  to section 1859 of the public authorities law. The New
 York state energy research and development authority is  authorized  and
 directed to: (1) transfer up to $4 million to the state general fund for
 climate  change related services and expenses of the department of envi-

 S. 2508                            62                            A. 3008
 
 ronmental conservation, $150,000 to the state general fund for  services
 and  expenses of the department of agriculture and markets, and $825,000
 to the University of Rochester laboratory for laser energetics from  the
 funds  received; and (2) commencing in 2016, provide to the chair of the
 public service commission and the director of the budget and the  chairs
 and  secretaries  of  the  legislative  fiscal  committees, on or before
 August first of each year, an itemized record, certified by  the  presi-
 dent  and chief executive officer of the authority, or his or her desig-
 nee, detailing any and all expenditures and  commitments  ascribable  to
 moneys  received  as  a  result  of  this assessment by the chair of the
 department of public service pursuant to  section  18-a  of  the  public
 service  law.   This itemized record shall include an itemized breakdown
 of the programs being funded by this section and the amount committed to
 each program. The authority shall not commit for  any  expenditure,  any
 moneys  derived  from the assessment provided for in this section, until
 the chair of such authority shall have submitted, and  the  director  of
 the  budget  shall  have approved, a comprehensive financial plan encom-
 passing all moneys available to  and  all  anticipated  commitments  and
 expenditures  by  such  authority  from any source for the operations of
 such authority.   Copies of the approved  comprehensive  financial  plan
 shall  be  immediately  submitted  by the chair to the chairs and secre-
 taries of the legislative fiscal committees. Any such amount not commit-
 ted by such authority to contracts or contracts to be awarded or  other-
 wise  expended by the authority during the fiscal year shall be refunded
 by such authority on a pro-rata basis to such gas and/or electric corpo-
 rations, in a manner to  be  determined  by  the  department  of  public
 service,  and  any  refund  amounts  must be explicitly lined out in the
 itemized record described above.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2021.
 
                                  PART X
 
   Section  1.  Section 11-0701 of the environmental conservation law, as
 amended by section 1-a of part R of chapter 58  of  the  laws  of  2013,
 paragraph  a of subdivision 1 as amended by section 21 and subdivision 9
 as amended by section 17 of part EE of chapter 55 of the laws  of  2014,
 is amended to read as follows:
 § 11-0701. Definitions of licenses and privileges of licensees.
   1. A hunting license[:
   a.]  entitles  a  holder  who  is  twelve  [or], thirteen, FOURTEEN OR
 FIFTEEN years of age to hunt wildlife[, except big game,] as provided in
 title 9 of this article subject,  specifically,  to  the  provisions  of
 section  11-0929  of  this  article.  It entitles such holder to possess
 firearms as provided in section 265.05 of the penal law. [A  holder  who
 is twelve or thirteen years of age shall not hunt with a crossbow.
   b.  entitles  a holder who is fourteen or fifteen years of age to hunt
 wildlife, including wild deer and bear, as provided in title 9  of  this
 article,  subject, specifically, to the provisions of section 11-0929 of
 this article. It entitles such holder to possess firearms as provided in
 section 265.05 of the penal law.]
   2. a. A hunting license entitles the holder to hunt  wildlife  subject
 to the following:
   (1)  a  holder who is eighteen years of age or older may hunt wildlife
 as provided in title 9 of this article,

 S. 2508                            63                            A. 3008
 
   (2) a holder who is sixteen years of age or older may  hunt  wildlife,
 except big game, as provided in title 9 of this article, [and]
   (3)  a holder who is between the ages of sixteen and eighteen may hunt
 big game pursuant to the provisions of title 9 of this article while the
 holder is accompanied by a parent, guardian or person over  the  age  of
 eighteen as required by section 11-0929 of this article[.
   A] , AND
   (4)  A holder may take fish with a longbow as provided in titles 9 and
 13 this article.
   b. A special antlerless deer license is applicable to the  hunting  of
 wild antlerless deer in a special open season fixed pursuant to subdivi-
 sion 6 of section 11-0903 of this article in a tract within a Wilderness
 Hunting  Area  and  entitles  the  holder  of  a hunting license to hunt
 antlerless deer in such special open season, as provided in title  9  of
 this article if he or she has on his or her person while so hunting both
 his  or  her  hunting  license  and  his  or her special antlerless deer
 license.
   3. A bowhunting privilege when included on a hunting license  entitles
 a holder:
   (1)  who  is between the ages of twelve and sixteen years to hunt wild
 deer and bear with a longbow OR  CROSSBOW  during  the  special  archery
 season  and  during  the  regular season, as provided in title 9 of this
 article, subject to the provisions of section 11-0929 and subdivision  3
 of section 11-0713 of this article;
   (2)  who  is eighteen years of age or older to hunt wild deer and bear
 with a longbow, as provided in title 9 of this  article,  in  a  special
 longbow season; and
   (3)  who  is  sixteen  or  seventeen years of age to exercise the same
 privileges subject to the provisions of section 11-0929 and  subdivision
 3 of section 11-0713 of this article.
   4.  A  fishing  license  entitles  the holder to take fish by angling,
 spearing, hooking, longbow and tipups, to take frogs by spearing, catch-
 ing with the hands or by use of a club or hook, and to  take  bait  fish
 for personal use, as provided in titles 9 and 13 of this article, except
 that such license shall not entitle the holder to take migratory fish of
 the sea or to take fish from the waters of the marine district.
   5.  A non-resident bear tag entitles a person who has not been a resi-
 dent of the state for more than thirty days who also possesses a hunting
 license to hunt bear during the regular open season therefor  or  in  an
 open season fixed by regulation pursuant to subdivision eight of section
 11-0903  of  this  article.  It  entitles a non-resident holder who also
 possesses a hunting license with bowhunting privilege to hunt bear  with
 a longbow OR CROSSBOW during the open bear season. It entitles a non-re-
 sident  holder  who also possesses a hunting license with muzzle-loading
 privilege to hunt bear with a muzzleloader during the open bear season.
   6. A seven-day fishing license entitles the  holder  to  exercise  the
 privileges of a fishing license for the seven consecutive days specified
 in the license.
   7. A one-day fishing license entitles the holder to exercise the priv-
 ileges of a fishing license on the day specified on the license.
   8. A trapping license entitles the holder to trap beaver, otter, fish-
 er, mink, muskrat, skunk, raccoon, bobcat, coyote, fox, opossum, weasel,
 pine  marten and unprotected wildlife except birds, as provided in title
 11, subject to the provisions of section 11-0713 of this article.
   9. A muzzle-loading privilege when included on a hunting license enti-
 tles a holder who is [fourteen] TWELVE years of age  or  older  to  hunt

 S. 2508                            64                            A. 3008
 
 wild  deer  and  bear  with  a  muzzle-loading  firearm  or crossbow, as
 provided in title 9 of this article, in a special muzzle-loading firearm
 season.
   §  2.  Paragraph b of subdivision 6 of section 11-0703 of the environ-
 mental conservation law, as amended by section 2 of part R of chapter 58
 of the laws of 2013, is amended to read as follows:
   b. Except as provided in section 11-0707 and section 11-0709  of  this
 title,  no  person  shall  (1) hunt wild deer or bear unless such person
 holds and is entitled to exercise the privileges of a  hunting  license,
 and  meets  the requirements of this article; (2) hunt wild deer or bear
 with a longbow OR CROSSBOW in a special [longbow] ARCHERY season  unless
 such  person holds and is entitled to exercise the privileges of a hunt-
 ing license with a bowhunting privilege and meets  the  requirements  of
 this  article;  or  (3)  hunt  wild  deer  or bear with a muzzle-loading
 firearm in a special muzzle-loading firearm season unless such person is
 at least [fourteen] TWELVE years old and holds a hunting license with  a
 muzzle-loading privilege and meets the requirements of this article.
   §  3.  Subdivision 6 of section 11-0713 of the environmental conserva-
 tion law is REPEALED.
   § 4. Paragraph c of subdivision 3 of section 11-0901 of  the  environ-
 mental  conservation law, as amended by section 19 of part EE of chapter
 55 of the laws of 2014, is amended to read as follows:
   c. Wild small game and wild upland game birds shall be taken  only  by
 longbow,  CROSSBOW or gun, or by the use of raptors as provided in title
 10 of this article, except that:
   (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken
 in any manner not prohibited in this section or in title 11 of the  Fish
 and Wildlife Law; AND
   (2)  frogs  may also be taken by spearing, catching with the hands, or
 by the use of a club or hook[; and
   (3) crossbows may be used but only by licensees who are fourteen years
 of age or older].
   § 5. Subparagraph 9 of paragraph b of subdivision 4 of section 11-0901
 of the environmental conservation law, as added by section 6 of part  EE
 of chapter 55 of the laws of 2014, is amended to read as follows:
   (9)  with  a  crossbow unless such crossbow shall consist of a bow and
 string, either compound or recurve, that  launches  a  minimum  fourteen
 inch  [bolt]  ARROW,  not  including  point, mounted upon a stock with a
 trigger that holds the string and limbs under  tension  until  released.
 The trigger unit of such crossbow must have a working safety. [The mini-
 mum limb width of such crossbow shall be seventeen inches,] THE CROSSBOW
 SHALL have a minimum peak draw weight of one hundred pounds [and a maxi-
 mum peak draw weight of two hundred pounds. The] AND THE minimum overall
 length  of such crossbow from buttstock to front of limbs shall be twen-
 ty-four inches.
   § 6. Subparagraph 9 of paragraph c of subdivision 4 of section 11-0901
 of the environmental conservation law, as added by section 7 of part  EE
 of chapter 55 of the laws of 2014, is amended to read as follows:
   (9)  with  a  crossbow unless such crossbow shall consist of a bow and
 string, either compound or recurve, that  launches  a  minimum  fourteen
 inch  [bolt]  ARROW,  not  including  point, mounted upon a stock with a
 trigger that holds the string and limbs under  tension  until  released.
 The trigger unit of such crossbow must have a working safety. [The mini-
 mum limb width of such crossbow shall be seventeen inches,] THE CROSSBOW
 SHALL have a minimum peak draw weight of one hundred pounds [and a maxi-
 mum peak draw weight of two hundred pounds. The] AND THE minimum overall

 S. 2508                            65                            A. 3008

 length  of such crossbow from buttstock to front of limbs shall be twen-
 ty-four inches.
   §  7. Subdivision 13 of section 11-0901 of the environmental conserva-
 tion law, as amended by section 23 of part R of chapter 58 of  the  laws
 of 2013, is amended to read as follows:
   13.  Persons  engaged  in  hunting  deer and/or bear with a longbow OR
 CROSSBOW must possess a current bowhunting privilege or a valid  certif-
 icate  of  qualification  in  responsible bowhunting practices issued or
 honored by the department.
   § 8. Section 11-0903 of the environmental conservation law is  amended
 by adding a new subdivision 12 to read as follows:
   12.  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF THIS ARTICLE, THE
 DEPARTMENT IS AUTHORIZED TO ADOPT REGULATIONS WHICH AUTHORIZE THE TAKING
 OF WILDLIFE BY THE USE OF CROSSBOW. A  SUMMARY  OF  REGULATIONS  ADOPTED
 PURSUANT TO THIS SUBDIVISION SHALL BE PUBLISHED EACH YEAR IN THE HUNTING
 SYLLABUS ISSUED PURSUANT TO SECTION 11-0323 OF THIS ARTICLE.
   §  9. Subdivision 10 of section 11-0907 of the environmental conserva-
 tion law, as added by section 14 of part EE of chapter 55 of the laws of
 2014, is amended to read as follows:
   10. Notwithstanding any  provision  of  this  chapter,  or  any  prior
 notwithstanding  language  in this article, the department may, by regu-
 lation, authorize the taking of big game by the use of a crossbow by any
 licensed person in any big game season [in any area designated in  items
 (a),  (b), (c), (d), (e), (f), (i), (k) and (l) of paragraph a of subdi-
 vision two of this section in  which  a  shotgun  or  muzzle  loader  is
 permitted provided however, that any crossbow use during an archery-only
 season  shall  only take place during the last fourteen consecutive days
 of such archery-only season in the  southern  zone  provided  that  such
 archery-only  season  shall consist of not less than forty-five days and
 only during the last ten consecutive days of any archery-only season  in
 the  northern  zone provided that such archery-only season shall consist
 of no less than twenty-three  days.  Any  muzzle  loading  season  which
 occurs  at  the  same  time  as  a special archery season may only occur
 during times when crossbows are authorized to be used].
   § 10. Subdivision 1 of section 11-0929 of the environmental  conserva-
 tion  law, as amended by section 20 of part EE of chapter 55 of the laws
 of 2014, is amended to read as follows:
   1. A licensee who is twelve or thirteen years of age  shall  not  hunt
 wildlife  with  a  gun,  OR  A CROSSBOW or a longbow unless he or she is
 accompanied by his or her parent or legal guardian, or by a person twen-
 ty-one years of age or older designated in writing by his or her  parent
 or  legal  guardian  on a form prescribed by the department, who holds a
 hunting license. [A licensee who is twelve  or  thirteen  years  of  age
 shall not hunt with a crossbow.]
   §  11.  Subparagraph  5  of  paragraph  b  of subdivision 2 of section
 11-0929 of the environmental conservation law is REPEALED  and  subpara-
 graph 6 of paragraph b of subdivision 2 is renumbered subparagraph 5.
   §  12. Section 11-0933 of the environmental conservation law, as added
 by section 22 of part EE of chapter 55 of the laws of 2014,  is  amended
 to read as follows:
 § 11-0933. Taking small game by crossbow.
   Notwithstanding  any  provision of this chapter, or any prior notwith-
 standing language in this article, the department  may,  by  regulation,
 authorize the taking of small game and wild upland game birds by the use
 of  a  crossbow by any licensed person [fourteen years of age or older],
 in any small game season[, in any area designated  in  items  (a),  (b),

 S. 2508                            66                            A. 3008

 (c),  (d), (e), (f), (i), (k), and (l) of paragraph a of subdivision two
 of section 11-0907 of this title in which a shotgun or muzzle loader  is
 permitted].
   § 13. Subparagraph (i) of paragraph 4 of subdivision (a) of section 83
 of  the state finance law, as amended by section 1 of part AA of chapter
 58 of the laws of 2015, is amended to read as follows:
   (i) There is hereby created a special account within the  conservation
 fund  to be known as the state fish and game trust account to consist of
 all moneys received by the state from  the  sale  of  lifetime  hunting,
 fishing,  and trapping licenses, and lifetime archery and muzzle-loading
 privileges pursuant to section 11-0702 of the environmental conservation
 law except those moneys deposited in the habitat conservation and access
 account pursuant to section eighty-three-a of this  chapter.  The  state
 comptroller  shall  invest  the  moneys in such account in securities as
 defined by  section  ninety-eight-a  of  this  article  OR,  WITHIN  THE
 DISCRETION  OF  THE  COMPTROLLER  TO MAXIMIZE INCOME FOR THE ACCOUNT, IN
 INVESTMENTS AUTHORIZED BY  SECTION  ONE  HUNDRED  SEVENTY-SEVEN  OF  THE
 RETIREMENT  AND SOCIAL SECURITY LAW OR CONSISTENT WITH THE PROVISIONS OF
 SUBDIVISION B OF SECTION THIRTEEN OF THE RETIREMENT AND SOCIAL  SECURITY
 LAW.  Any  income earned by the investment of such moneys, except income
 transferred to the conservation fund pursuant to subparagraph  (iii)  of
 this  paragraph,  shall  be  added to and become a part of, and shall be
 used for the purposes of such account.
   § 14. This act shall take effect immediately.
 
                                  PART Y

   Section 1. Section 27-2701 of the environmental conservation  law,  as
 added  by  chapter 641 of the laws of 2008, subdivision 2 as amended and
 subdivision 7 as added by chapter 481 of the laws of 2014, is amended to
 read as follows:
 § 27-2701. Definitions.
   As used in this title:
   1. "Compostable plastic bag" means a plastic bag  that  at  a  minimum
 meets  the American Society for Testing and Materials standard D6400 for
 compostable plastic, as amended.
   2. "Manufacturer" means the producer of  a  plastic  carryout  bag  or
 OTHER film plastic sold to a store or the manufacturer's agent or broker
 who sold the plastic carryout bag or OTHER film plastic to the store.
   3.  "Operator" means a person in control of, or having daily responsi-
 bility for, the daily operation of a store, which may  include,  but  is
 not limited to, the owner of the store.
   4.  "Plastic carryout bag" means a [plastic] carryout bag MADE OF FILM
 PLASTIC provided by a store to a customer at the point of sale  THAT  IS
 NOT A REUSABLE BAG.
   5.  "Reusable  bag" means A BAG DESIGNED AND MANUFACTURED FOR MULTIPLE
 REUSE THAT:
   (a) [a bag] IS EITHER made of [cloth] (I)  HAND  WASHABLE  or  [other]
 machine  washable CLOTH OR fabric [that has handles], INCLUDING WOVEN OR
 NONWOVEN POLYPROPYLENE (PP), POLYETHYLENE-TEREPHTHALATE  (PET),  POLYES-
 TER,  OR  NYLON   FABRIC, AS WELL AS FABRIC BLENDS THAT INCLUDE ANY SUCH
 MATERIALS; or
   [(b) a durable plastic bag with handles that is specifically  designed
 and  manufactured for multiple reuse] (II) OTHER NON-FILM PLASTIC WASHA-
 BLE MATERIAL; AND

 S. 2508                            67                            A. 3008
 
   (B) HAS AT LEAST ONE STRAP OR HANDLE THAT DOES NOT STRETCH AND  ALLOWS
 THE  BAG TO MEET THE STRENGTH AND DURABILITY STANDARDS PROVIDED IN PARA-
 GRAPHS (C) AND (D) OF THIS SUBDIVISION;
   (C) HAS A MINIMUM LIFESPAN OF ONE HUNDRED TWENTY-FIVE USES, WITH A USE
 EQUAL  TO  THE  ABILITY  TO  CARRY A MINIMUM OF TWENTY-TWO POUNDS OVER A
 DISTANCE OF AT LEAST ONE HUNDRED SEVENTY-FIVE FEET; AND
   (D) HAS A MINIMUM FABRIC WEIGHT  OF  EIGHTY  GRAMS  PER  SQUARE  METER
 ("GSM")  OR EQUIVALENT FOR BAGS MADE OF ANY NON-FILM PLASTIC OF NATURAL,
 SYNTHETIC, PETROLEUM-BASED,  OR  NON-PETROLEUM-BASED  ORIGIN,  INCLUDING
 WOVEN  OR NONWOVEN POLYPROPYLENE (PP), POLYETHYLENE-TEREPHTHALATE (PET),
 COTTON, JUTE, OR CANVAS.
   6. "Store" means a retail establishment that [provides] PROVIDED plas-
 tic carryout bags to its customers as a result of the sale of a  product
 ANY  TIME PRIOR TO MARCH FIRST, TWO THOUSAND TWENTY and (a) has over ten
 thousand square feet of retail space, or (b) such  retail  establishment
 is  part  of a chain engaged in the same general field of business which
 operates five or more units of over five thousand square feet of  retail
 space in this state under common ownership and management.
   7. "Film plastic" means [uncontaminated non-rigid film plastic packag-
 ing  products  composed  of  plastic  resins, which include,] A FLEXIBLE
 SHEET OR SHEETS OF PETROLEUM OR  NON-PETROLEUM-BASED  PLASTIC  RESIN  OR
 OTHER  MATERIAL  COMMONLY  USED  IN  AND  AS  PACKAGING  PRODUCTS, WHICH
 INCLUDE, but are not limited to, newspaper bags, [dry cleaning bags and]
 GARMENT BAGS, shrink-wrap, BAGS USED TO CARRYOUT  AND  DELIVER  PREPARED
 FOOD AND OTHER PLASTIC OVERWRAP.
   8. "FILM PLASTIC BAG" MEANS A BAG THAT IS MADE OF FILM PLASTIC.
   §  2.  Section 27-2703 of the environmental conservation law, as added
 by chapter 641 of the laws of 2008 and subdivision 1 as amended by chap-
 ter 481 of the laws of 2014, is amended to read as follows:
 § 27-2703. Store operator responsibilities.
   1. The operator of a  store  shall  establish  an  at-store  recycling
 program pursuant to the provisions of this title that provides an oppor-
 tunity  for a customer of the store to return to the store clean plastic
 carryout bags and OTHER film plastic.
   2. A retail establishment that does not meet the definition of a store
 [and that provides plastic carryout bags to customers at  the  point  of
 sale] may also adopt an at-store recycling program.
   §  3.  Section 27-2705 of the environmental conservation law, as added
 by chapter 641 of the laws of 2008  and  subdivisions  2,  3  and  4  as
 amended  by  chapter  481  of  the  laws  of 2014, is amended to read as
 follows:
 § 27-2705. Recycling program requirements.
   An at-store recycling program provided by  the  operator  of  a  store
 shall require:
   1.  [a  plastic  carryout bag provided by the store to have printed or
 displayed on the bag, in a manner  visible  to  a  consumer,  the  words
 "PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Provided, howev-
 er,  such store shall be allowed for one year from the effective date of
 this subdivision to use its existing stock of plastic carryout  bags.  A
 store  may also apply to the commissioner for approval of an alternative
 plastic bag recycling message. The commissioner shall approve or  reject
 the proposed message within forty-five days;
   2.] a collection bin that is visible, easily accessible to the consum-
 er,  and  clearly  marked  that  the collection bin is available for the
 purpose of collecting and recycling plastic carryout bags and OTHER film
 plastic. This subdivision shall apply to stores not within  an  enclosed

 S. 2508                            68                            A. 3008
 
 shopping  mall  and stores of at least fifty thousand square feet within
 an enclosed shopping mall. In the case of an enclosed shopping mall, the
 owner of the enclosed mall shall  place  bins  at  reasonable  intervals
 throughout the enclosed mall area;
   [3.]  2. all plastic carryout bags and OTHER film plastic collected by
 the store to be collected, transported and recycled along with any other
 in-store plastic recycling, except for FILM plastic bags  that  are  not
 sufficiently  free  of  foreign  material to enter the recycling stream.
 Plastic carryout bags and OTHER film plastic collected by the  store  or
 the  manufacturer,  which  are  free  of  foreign material, shall not be
 disposed of in any solid waste disposal facility permitted or authorized
 pursuant to title seven of this article;
   [4.] 3. the store or its agent to maintain, for  a  minimum  of  three
 years,  records  describing  the  collection, transport and recycling of
 plastic carryout bags  and  OTHER  film  plastic  collected  by  weight,
 provided  however that stores or its agents may weigh such PLASTIC bags,
 film plastic and any other in-store  plastic  recycling  at  a  regional
 collection  center.  Such records shall be made available to the depart-
 ment upon request, to demonstrate compliance with this title; and
   [5.] 4. the operator of the store to (a) make reusable bags  available
 to customers within the store for purchase, and (b) permit a [reuseable]
 REUSABLE  bag  to  be  used in lieu of a [plastic carryout bag or] paper
 CARRYOUT bag.
   § 4. Section 27-2707 of the environmental conservation law,  as  added
 by chapter 641 of the laws of 2008 and subdivision 1 as amended by chap-
 ter 481 of the laws of 2014, is amended to read as follows:
 § 27-2707. Manufacturer responsibilities.
   1.  When the manufacturer accepts plastic carryout bags and OTHER film
 plastic for return, it or its agent shall maintain,  for  a  minimum  of
 three  years, records describing the collection, transport and recycling
 of plastic carryout bags and OTHER film  plastic  collected  by  weight,
 provided  that  the manufacturer or its agents may weigh such bags, film
 plastic and any other plastic resins at a  regional  collection  center.
 Such  records shall be made available to the department upon request, to
 demonstrate compliance with this title.
   2. Manufacturers of compostable plastic bags sold  to  stores  in  the
 state that are subject to the provisions of this title shall have print-
 ed on the bag, in a manner visible to the consumer, the words "COMPOSTA-
 BLE  BAG -- DO NOT PLACE IN RECYCLING BIN". [Provided however, such bags
 may be sold or distributed for one year from the effective date of  this
 section to use the store's existing stock of compostable bags.]
   § 5. Section 27-2709 of the environmental conservation law, as amended
 by chapter 481 of the laws of 2014, is amended to read as follows:
 § 27-2709. Department responsibility.
   1. The department shall develop educational materials to encourage the
 reduction,  reuse  and recycling of plastic carryout bags and OTHER film
 plastic and shall make those materials available to stores  required  to
 comply with this article.
   2. The department shall provide information regarding the availability
 of recycling facilities and companies that recycle FILM plastic bags and
 OTHER  film  plastic,  including the addresses and phone numbers of such
 facilities and companies to stores required to comply with this article.
   § 6. Section 27-2713 of the environmental conservation law, as amended
 by chapter 481 of the laws of 2014, is amended to read as follows:
 § 27-2713. Preemption.

 S. 2508                            69                            A. 3008
 
   Jurisdiction in all matters pertaining to  plastic  CARRYOUT  bag  and
 OTHER  film  plastic  recycling is by this article vested exclusively in
 the state. Any provision of any local law or ordinance, or any  rule  or
 regulation  promulgated  thereto,  governing  the  recycling  of plastic
 CARRYOUT  bags  and OTHER film plastic shall, upon the effective date of
 this title, be preempted.   Provided however, nothing  in  this  section
 shall  preclude  a  person  from coordinating for recycling or reuse the
 collection of plastic CARRYOUT bags or OTHER film plastic.
   § 7. Section 27-2801 of the environmental conservation law,  as  added
 by  section 2 of part H of chapter 58 of the laws of 2019, is amended to
 read as follows:
 § 27-2801. Definitions.
   As used in this title:
   1. "Exempt bag" means a bag THAT IS: (a) used  solely  to  contain  or
 wrap  uncooked  meat,  fish,  or  poultry; (b) [bags] used by a customer
 solely to package bulk items such  as  fruits,  vegetables,  grains,  or
 candy;  (c)  [bags]  used  solely  to contain food sliced or prepared to
 order; (d) [bags] used solely to contain a newspaper for delivery  to  a
 subscriber; (e) [bags sold] PREPACKAGED BY THE MANUFACTURER OR DISTRIBU-
 TOR  in  bulk  QUANTITIES AND SOLD to a consumer [at the point of sale];
 (f) SOLD AS A trash [bags] OR YARD WASTE BAG; (g) SOLD AS A food storage
 [bags] BAG; (h) USED AS A garment [bags] BAG;  (i)  [bags]  prepackaged,
 PRELABELED, OR TAGGED AS MERCHANDISE for sale to a customer; (j) A plas-
 tic carryout [bags] BAG provided by a restaurant, tavern or similar food
 service  establishment, as defined in the state sanitary code, to carry-
 out or deliver PREPARED food; [or] (k) [bags] provided by a pharmacy  to
 carry prescription drugs; OR (L) A REUSABLE BAG.
   2.  "Plastic  carryout  bag" means any FILM plastic bag, other than an
 exempt bag, that is provided to a  customer  by  a  person  required  to
 collect  tax  to  be  used by the customer to [carry] TRANSPORT tangible
 personal property, regardless of whether such person required to collect
 tax sells any tangible personal property or service to the customer, and
 regardless of whether any tangible personal property or service sold  is
 exempt  from  tax under article twenty-eight of the tax law.  A BAG THAT
 MEETS THE REQUIREMENTS OF A REUSABLE BAG, AS DEFINED IN SUBDIVISION FOUR
 OF THIS SECTION, IS NOT A PLASTIC CARRYOUT BAG.
   3. "Paper carryout bag" means a paper bag, other than an  exempt  bag,
 that is provided to a customer by a person required to collect tax to be
 used  by the customer to carry tangible personal property, regardless of
 whether such person required to collect tax sells any tangible  personal
 property  or  service  to  the  customer,  and regardless of whether any
 tangible personal property or service sold  is  exempt  from  tax  under
 article twenty-eight of the tax law.
   4.  "Reusable  bag" means a bag DESIGNED AND MANUFACTURED FOR MULTIPLE
 REUSE THAT:  (a) IS EITHER made of [cloth] (I) HAND WASHABLE or  [other]
 machine  washable  CLOTH OR fabric [that has handles]; or [(b) a durable
 bag with handles that is  specifically  designed  and  manufactured  for
 multiple reuse.] (II) OTHER NON-FILM PLASTIC WASHABLE MATERIAL; AND
   (B)  HAS AT LEAST ONE STRAP OR HANDLE THAT DOES NOT STRETCH AND ALLOWS
 THE BAG TO MEET THE STRENGTH AND DURABILITY STANDARDS IN PARAGRAPHS  (C)
 AND (D) OF THIS SUBDIVISION;
   (C) HAS A MINIMUM LIFESPAN OF ONE HUNDRED TWENTY-FIVE USES, WITH A USE
 EQUAL  TO  THE  ABILITY  TO  CARRY A MINIMUM OF TWENTY-TWO POUNDS OVER A
 DISTANCE OF AT LEAST ONE HUNDRED SEVENTY-FIVE FEET; AND
   (D) HAS A MINIMUM FABRIC WEIGHT  OF  EIGHTY  GRAMS  PER  SQUARE  METER
 ("GSM")  OR EQUIVALENT FOR BAGS MADE OF ANY NON-FILM PLASTIC OF NATURAL,

 S. 2508                            70                            A. 3008
 
 SYNTHETIC, PETROLEUM BASED,  OR  NON-PETROLEUM-BASED  ORIGIN,  INCLUDING
 WOVEN  OR NONWOVEN POLYPROPYLENE (PP), POLYETHYLENE-TEREPHTHALATE (PET),
 COTTON, JUTE, OR CANVAS.
   5.  "FILM  PLASTIC"  MEANS  A FLEXIBLE SHEET OR SHEETS OF PETROLEUM OR
 NON-PETROLEUM BASED PLASTIC RESIN OR OTHER  MATERIAL  (NOT  INCLUDING  A
 PAPER  CARRYOUT  BAG)  COMMONLY USED IN AND AS PACKAGING PRODUCTS, WHICH
 INCLUDE, BUT ARE NOT LIMITED TO, NEWSPAPER BAGS, GARMENT  BAGS,  SHRINK-
 WRAP, BAGS USED TO CARRYOUT AND DELIVER PREPARED FOOD, AND OTHER PLASTIC
 OVERWRAP.
   [5.]  6. "Person required to collect tax" means any vendor of tangible
 personal property subject to the  tax  imposed  by  subdivision  (a)  of
 section eleven hundred five of the tax law.
   §  8.  Section 27-2803 of the environmental conservation law, as added
 by section 2 of part H of chapter 58 of the laws of 2019, is amended  to
 read as follows:
 § 27-2803. Plastic carryout bag ban.
   1. No person required to collect tax shall distribute, FOR FREE OR FOR
 SALE,  any  plastic  carryout bags to its customers unless such bags are
 exempt bags as defined in subdivision one of  section  27-2801  of  this
 title.
   2. No person required to collect tax shall prevent a person from using
 a bag of any kind that they have brought for purposes of carrying goods.
   3.  [Nothing  in this section shall be deemed to exempt the provisions
 set forth in title 27 of this article relating to  at  store  recycling]
 ANY  PERSON WHO WAS REQUIRED TO COMPLY WITH THE COLLECTION AND RECYCLING
 REQUIREMENTS IN TITLE 27 OF THIS ARTICLE PRIOR TO MARCH FIRST, TWO THOU-
 SAND TWENTY, INCLUDING THE REQUIREMENT TO MAINTAIN A COLLECTION BIN  FOR
 COLLECTION  AND  RECYCLING PLASTIC CARRYOUT BAGS AND OTHER FILM PLASTIC,
 SHALL CONTINUE TO COMPLY.
   § 9. This act shall take effect immediately.
 
                                  PART Z
 
   Section 1. This act enacts into law components  of  legislation  which
 are  necessary to implement legislation relating to the Bay Park Convey-
 ance Project.  Each component is wholly contained within a Subpart iden-
 tified as Subparts A through C. The effective date for  each  particular
 provision contained within such Subpart is set forth in the last section
 of  such  Subpart.    Any  provision  in  any section contained within a
 Subpart, including the effective date of  the  Subpart,  which  makes  a
 reference  to a section "of this act", when used in connection with that
 particular component, shall be deemed to mean and refer  to  the  corre-
 sponding  section  of the Subpart in which it is found. Section three of
 this act sets forth the general effective date of this act.

                                 SUBPART A
 
   Section 1. Subject to the  provisions  of  this  act,  the  county  of
 Nassau,  acting by and through the county legislature of such county, is
 hereby authorized to (a) discontinue permanently the use as parkland the
 subsurface lands described in sections five, seven, eight and eleven  of
 this act and establish permanent easements on such lands for the purpose
 of constructing, operating, maintaining and repairing a subsurface sewer
 main,  and  (b)  discontinue  temporarily  the use as parkland the lands
 described in sections three, six and nine  of  this  act  and  establish
 temporary  easements  on  such  lands  for the purpose of constructing a

 S. 2508                            71                            A. 3008
 
 subsurface  sewer  main.  Authorization  for  the  temporary   easements
 described  in  sections three, four, six, nine and ten of this act shall
 cease upon the completion of the construction of  such  sewer  main,  at
 which  time  the  department of environmental conservation shall restore
 the surface of the parklands disturbed and the parklands shall  continue
 to  be used for park purposes as they were prior to the establishment of
 such temporary easements.  Authorization  for  the  permanent  easements
 described  in  sections  five, seven, eight and eleven of this act shall
 require that the department of environmental  conservation  restore  the
 surface  of  the parklands disturbed and the parklands shall continue to
 be used for park purposes as they were prior to the establishment of the
 permanent easements.
   § 2. The authorization provided in section one of this  act  shall  be
 effective  only upon the condition that the county of Nassau dedicate an
 amount equal to or greater than the fair market value of  the  parklands
 being  discontinued  to  the acquisition of new parklands and/or capital
 improvements to existing park and recreational facilities.
   § 3. TEMPORARY EASEMENT - Force main shaft construction area.    Park-
 land upon and under which a temporary easement may be established pursu-
 ant  to  subdivision  (b) of section one of this act is described as all
 that certain plot, piece or parcel of land with buildings  and  improve-
 ments  thereon  erected,  situate,  lying and being located at Bay Park,
 Town of Hempstead, County of Nassau and State of  New  York  being  more
 particularly  bounded  and described as follows: beginning at a point on
 the northerly line of the Nassau County Sewage Treatment Plant property,
 said Point of Beginning being South 68°06'12" East,  as  measured  along
 northerly  line  of  said  sewage  treatment  plant, 535.50 feet plus or
 minus, from the intersection of the northerly line Nassau County  Sewage
 Treatment Plant with the westerly side of Compton Street; running thence
 South  68°06'12" East, along the northerly line of said sewage treatment
 plant, 249.60 feet plus or minus; thence  South  07°20'58"  West  198.58
 feet  plus  or  minus;  thence  North  78°30'32" West 35.88 feet plus or
 minus; thence North 06°10'23" East 89.20  feet  plus  or  minus;  thence
 North  33°17'21"  West  78.28 feet plus or minus; thence North 66°13'52"
 West 173.72 feet plus or minus; thence North 19°56'50" East  62.50  feet
 plus  or minus, to the northerly line of the Nassau County Sewage Treat-
 ment Plant, at the Point of Beginning.  Containing  within  said  bounds
 23,089 square feet plus or minus. The above described temporary easement
 is  for  the  construction  of  a  fifty-foot diameter access shaft. The
 location of said temporary access shaft is more  particularly  described
 in  section  four of this act. Said parcel being part of property desig-
 nated as Section: 42 Block: A Lots: 50, 57 on the Nassau County Land and
 Tax Map.
   § 4. TEMPORARY SUBSURFACE EASEMENT - Access shaft. Parkland  upon  and
 under which a temporary easement may be established pursuant to subdivi-
 sion  (a)  of  section  one of this act is described as all that certain
 plot, piece or parcel of land with buildings  and  improvements  thereon
 erected,  situate,  lying  and  being located at Bay Park, Town of Hemp-
 stead, County of Nassau and State of New York  being  more  particularly
 bounded  and  described as follows: a circular easement with a radius of
 25 feet, the center of said circle being the following three (3) courses
 from the intersection of the northerly line of the Nassau County  Sewage
 Treatment  Plant  with  the  westerly  side  of  Compton Street:   South
 68°06'12" East, along the northerly line of said sewage treatment plant,
 573.10 feet plus or minus to the centerline of  the  permanent  easement
 for  a  force  main  described in section five of this act; thence South

 S. 2508                            72                            A. 3008
 
 22°24'56" West, along said centerline, 19.74 feet plus or minus;  thence
 South  22°24'56"  West,  along  the  production of said centerline, 5.25
 feet, to the center of the herein described circular easement.  Contain-
 ing  within  said bound 1,963 square feet plus or minus.  Said temporary
 easement is for an access shaft that extends from  the  surface  of  the
 ground  to  an  approximate  depth  of  70  feet.  Any permanent surface
 improvements for cathodic protection, if necessary, would be flush  with
 the  ground  surface  or  integrated  into site landscaping. Said parcel
 being part of property designated as Section: 42 Block: A Lots:  50,  57
 on the Nassau County Land and Tax Map.
   §  5.  PERMANENT  SUBSURFACE  EASEMENT - Force main. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located at Bay  Park,  Town  of  Hemp-
 stead, County of Nassau and State of New York being a 20-foot wide strip
 of land more particularly bounded and described as follows: Beginning at
 a  point  on  the  northerly  line of the Nassau County Sewage Treatment
 Plant property, said Point of Beginning being South 68°06'12"  East,  as
 measured  along  northerly  line  of said sewage treatment plant, 563.10
 feet plus or minus, from the intersection of the northerly  line  Nassau
 County  Sewage Treatment Plant with the westerly side of Compton Street;
 running thence South 68°06'12" East, along the northerly  line  of  said
 sewage treatment plant, 20.00 feet plus or minus; thence South 22°24'56"
 West 19.15 feet plus or minus; thence South 14°35'11" West 1,446.44 feet
 plus  or  minus;  thence  North  75°24'49 West 20.00 feet plus or minus;
 thence North 14°35'11" East 1,447.81 feet plus or  minus;  thence  North
 22°24'56"  East  20.34  feet plus or minus, to the northerly line of the
 Nassau County  Sewage  Treatment  Plant,  at  the  Point  of  Beginning.
 Containing  within  said  bounds 29,337 square feet. The above described
 permanent easement is for the construction and operation of  a  six-foot
 diameter  force main at a minimum depth of fifteen feet below the ground
 surface. Said parcel being part of property designated  as  Section:  42
 Block: A Lots: 50, 57 on the Nassau County Land and Tax Map.
   §  6.  TEMPORARY EASEMENT - Force main shaft construction area.  Park-
 land upon and under which a temporary easement may be established pursu-
 ant to subdivision (b) of section one of this act is  described  as  all
 that  certain  plot, piece or parcel of land with buildings and improve-
 ments thereon erected, situate, lying and being located at the hamlet of
 Wantagh, Town of Hempstead, County of Nassau and State of New York being
 more particularly bounded and described as follows: beginning at a point
 on the northwesterly line of the herein described temporary easement for
 the force main shaft construction area, said Point  of  Beginning  being
 North  44°03'41" East 50.26 feet plus or minus, from the intersection of
 the northerly line of  lands  licensed  to  the  County  of  Nassau,  as
 described  in deed dated December 5, 1977, recorded on January 13, 1978,
 at the Nassau County Clerk's Office in Liber 9088 of Deeds at page  567,
 and  as  shown on map entitled Department of Public Works Nassau County,
 N.Y., Map Showing Lands under the Jurisdiction of the Long Island  State
 Park  Commission  in  Wantagh State Park to be Licensed to the County of
 Nassau for Park and Recreational Purposes in the  Vicinity  of  Wantagh,
 Town  of  Hempstead,  dated  September 1976, and on file at the New York
 State Office of Parks, Recreation and Historic Preservation as  Map  No.
 21R-1860-1, with the southeasterly side of Lakeview Road, formerly known
 as  Old  Mill Road; running thence along the southeasterly side of Lake-
 view Road, North 44°03'41" East 237.63 feet plus or minus; thence  South

 S. 2508                            73                            A. 3008
 
 50°48'50"  East  70.10  feet  plus  or  minus; thence partly through the
 aforementioned lands licensed to the County of Nassau by  the  State  of
 New  York  (Long  Island  State  Park  Commission), South 43°39'59" West
 239.51  feet;  thence  partially  through  a permanent drainage easement
 granted from the City of New York to the County of Nassau, as  shown  on
 Map  of  Real  Property  to  be Acquired for the Improvement of Bellmore
 Creek from Wilson Avenue to Lakeview Road, Filed February  8,  1979,  at
 the Nassau County Clerk's Office as Map No. H-1841, and also through the
 aforementioned  licensed  lands, North 49°12'28" West 71.62 feet plus or
 minus; to the southeasterly side of  Lakeview  Road,  at  the  Point  of
 Beginning.    Containing  within  said bounds 16,864 square feet plus or
 minus. The above described temporary easement is for the construction of
 a forty-four-foot diameter permanent access shaft. The location of  said
 permanent  access  shaft is more particularly described in section seven
 of this act.  Said parcel being part of property designated as  Section:
 56 Block: Y Lot: 259 on the Nassau County Land and Tax Map.
   §  7.  PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located at Hamlet of Wantagh, Town  of
 Hempstead, County of Nassau and State of New York being more particular-
 ly bounded and described as follows:  Beginning at a point on the south-
 easterly  side  of  Lakeview  Road,  said Point of Beginning being North
 44°03'41" East 170.39 feet plus or minus, from the intersection  of  the
 northerly  line  of lands licensed to the County of Nassau, as described
 in deed dated December 5, 1977, recorded on January  13,  1978,  at  the
 Nassau  County Clerk's Office in Liber 9088 of Deeds at page 567, and as
 shown on map entitled Department of Public Works  Nassau  County,  N.Y.,
 Map  Showing  Lands under the Jurisdiction of the Long Island State Park
 Commission in Wantagh State Park to be Licensed to the County of  Nassau
 for  Park  and Recreational Purposes in the Vicinity of Wantagh, Town of
 Hempstead, dated September 1976, and on  file  at  the  New  York  State
 Office  of  Parks,  Recreation  and  Historic  Preservation  as  Map No.
 21R-1860-1, with the southeasterly side of Lakeview Road, formerly known
 as Old Mill Road; running thence, along the southeasterly side of  Lake-
 view  Road, North 44°03'41" East 25.04 feet plus or minus, to the begin-
 ning of a non-tangent curve; thence 111.59 feet plus or minus along said
 non-tangent circular curve to the right that has a radius of 22.00 feet,
 subtends an angle of 290°37'31",  and  has  a  chord  that  bears  South
 44°03'41" West 25.04 feet, to the Point of Beginning.
 Containing  within  said bounds a surface area of 1,454 square feet plus
 or minus. Said permanent easement is for an access  shaft  that  extends
 from  the surface of the ground to an approximate depth of 70 feet.  The
 permanent easement allows vehicular and personnel access  to  the  shaft
 and  within  the  shaft  for  inspection, maintenance, repair and recon-
 struction.   Any permanent surface improvements for  a  manhole  or  for
 cathodic  protection,  if  necessary,  would  be  flush  with the ground
 surface or integrated into site landscaping. Said parcel being  part  of
 property designated as Section: 56 Block: Y Lot: 259 on the Nassau Coun-
 ty Land and Tax Map.
   §  8.  PERMANENT  SUBSURFACE  EASEMENT - Force main. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located at the Hamlet of Wantagh, Town

 S. 2508                            74                            A. 3008
 
 of Hempstead, County of Nassau and State of New  York  being  a  20-foot
 wide  strip  of land more particularly bounded and described as follows:
 Beginning at the intersection of the southerly side of the Wantagh State
 Parkway,  also being the same as the southerly line of a permanent ease-
 ment granted by the State of New York (Long Island  State  Park  Commis-
 sion) to the Town of Hempstead for Highway purposes shown as Parcel E on
 Map  No.  21R-1651, dated September 30, 1935 and on file at the New York
 State Office of Parks, Recreation and Historic  Preservation,  with  the
 easterly  side of Linden Street, also being the westerly side of Wantagh
 State Parkway; running thence South 87°54'31" West 16.42  feet  plus  or
 minus,  along  the  southerly  side of the Wantagh State Parkway; thence
 through the aforementioned easement, North 49°40'30"  West  172.07  feet
 plus  or minus; thence partially through lands licensed to the County of
 Nassau by the State of New York (Long Island State Park Commission),  as
 described  in deed dated December 5, 1977, recorded on January 13, 1978,
 at the Nassau County Clerk's Office in Liber 9088 of Deeds at page  567,
 also  as shown on map entitled Department of Public Works Nassau County,
 N.Y., Map Showing Lands under the Jurisdiction of the Long Island  State
 Park  Commission  in  Wantagh State Park to be Licensed to the County of
 Nassau for Park and Recreational Purposes in the  Vicinity  of  Wantagh,
 Town  of  Hempstead,  dated  September 1976, and on file at the New York
 State Office of Parks, Recreation and Historic Preservation as  Map  No.
 21R-1860-1,  North  32°14'44" West 1,935.06 feet; thence North 60°00'15"
 West 18.68 feet plus or minus, to the  southeasterly  side  of  Lakeview
 Road;  thence  along  the  southeasterly  side  of  Lakeview Road, North
 44°03'41" East 20.62 feet plus or minus;  thence  South  60°00'15"  East
 18.61  feet  plus  or  minus; thence through the aforementioned licensed
 lands, South 32°14'44" East 1,936.94 feet; thence South  49°40'30"  East
 294.48  feet  plus  or  minus, to the westerly side of the Wantagh State
 Parkway, also being the same as the  easterly  side  of  Linden  Street;
 thence  northwesterly along the westerly side of the Wantagh State Park-
 way, being also the easterly side of Linden Street, 113.74 feet plus  or
 minus  along the arc of a non-tangent curve, bearing to the left, having
 a radius of 1,233.00', a chord that bears North  54°10'34"  West  113.70
 feet  plus or minus, to the southerly side of the Wantagh State Parkway,
 at the Point of Beginning.  Containing within said bounds 43,088  square
 feet  plus  or minus.  The above described permanent easement is for the
 construction and operation of a six-foot diameter force main at a  mini-
 mum  depth  of  fifteen feet below the ground surface. Said parcel being
 part of property designated as Section: 56 Block: Y  Lots:  259  on  the
 Nassau County Land and Tax Map.
   §  9.  TEMPORARY EASEMENT - Force main shaft construction area.  Park-
 land upon and under which a temporary easement may be established pursu-
 ant to subdivision (b) of section one of this act is  described  as  all
 that  certain  plot, piece or parcel of land with buildings and improve-
 ments thereon erected, situate, lying and being located at the hamlet of
 Wantagh, Town of Hempstead, County of Nassau and State of New York being
 more particularly bounded and described as follows: Beginning at a point
 on the northerly line of the herein  described  temporary  easement  for
 construction  staging,  said  Point of Beginning being more particularly
 described as commencing at the intersection of  the  southerly  side  of
 Byron  Street  with the easterly side of Wantagh Parkway; running thence
 South 02°05'40" East, along the easterly side of Wantagh Parkway, 392.77
 feet plus or minus, to the centerline of the permanent subsurface  ease-
 ment  for  force main, described in section 11 of this act; thence South
 19°14'42" East, along said centerline, 166.40 feet plus or minus, to the

 S. 2508                            75                            A. 3008
 
 northerly line of the temporary easement for  construction  staging,  at
 the  Point of Beginning. Running thence North 87°24'47" East 122.41 feet
 plus or minus; thence South 33°56'04" East 67.89  feet  plus  or  minus;
 thence  South  04°43'16"  East  53.69  feet  plus or minus; thence South
 86°37'33" West 78.30 feet plus or minus;  thence  South  02°20'25"  East
 83.22  feet  plus or minus; thence South 47°03'34" West 102.51 feet plus
 or minus; thence South 86°22'25" West 27.76 feet plus or  minus;  thence
 North  07°01'12"  West 263.59 feet plus or minus; thence North 87°24'47"
 East 45.17 feet plus or minus, to the Point of  Beginning.    Containing
 within said bounds 35,505 square feet plus or minus. The above described
 temporary easement is for the construction of a forty-four-foot diameter
 access  shaft.  The  location  of  said  temporary  access shaft is more
 particularly described in section ten of this  act.  Said  parcel  being
 part  of property designated as Section: 63 Block: 261 Lots: 765G, 765H,
 818A (Part of Cedar Creek Park) on the Nassau County Land and Tax Map.
   § 10. TEMPORARY SUBSURFACE EASEMENT - Access shaft. Parkland upon  and
 under which a permanent easement may be established pursuant to subdivi-
 sion  (a)  of  section  one of this act is described as all that certain
 plot, piece or parcel of land with buildings  and  improvements  thereon
 erected,  situate, lying and being located at Hamlet of Wantagh, Town of
 Hempstead, County of Nassau and State of New York being more particular-
 ly bounded and described as follows: a circular easement with  a  radius
 of 22 feet, the center of said circle being the following two (2) cours-
 es  from the intersection of the southerly side of Byron Street with the
 easterly side of Wantagh Parkway: South 02°05'40" East along the easter-
 ly side of Wantagh Parkway, 392.77 feet plus or minus, to the centerline
 of the permanent  subsurface  easement  for  force  main,  described  in
 section  11 of this act; thence South 19°14'42" East, along said center-
 line, 224.60 feet plus or minus, to the center of the  herein  described
 circular easement. Containing within said bounds a surface area of 1,521
 square  feet  plus  or  minus.  Said temporary easement is for an access
 shaft that extends from the surface of  the  ground  to  an  approximate
 depth  of  70  feet.  Any  permanent  surface  improvements for cathodic
 protection, if necessary, would be flush  with  the  ground  surface  or
 integrated  into  site  landscaping.  Said parcel being part of property
 designated as Section: 63 Block: 261 Lots: 765G,  765H,  818A  (Part  of
 Cedar Creek Park) on the Nassau County Land and Tax Map.
   §  11.  PERMANENT  SUBSURFACE EASEMENT - Force main. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located at the Hamlet of Wantagh, Town
 of Hempstead, County of Nassau and State of New  York  being  a  20-foot
 wide  strip  of land more particularly bounded and described as follows:
 beginning at a point on the easterly side of the Wantagh State  Parkway,
 said  Point  of Beginning being South 02°05'40" East 358.86 feet plus or
 minus from the intersection of the southerly side of Byron  Street  with
 the  easterly  side  of  Wantagh Parkway; running thence South 19°14'42"
 East 258.49 feet plus or minus; thence  South  02°16'58"  East  1,725.93
 feet  plus or minus; thence southwesterly 43.40 feet plus or minus along
 the arc of a curve to the left having a radius of 1,075.00  feet  and  a
 chord  that  bears South 25°09'48" West 43.39 feet plus or minus; thence
 North 02°16'58" West 1,761.45 feet plus or minus; thence North 19°14'42"
 West 190.70 feet plus or minus, to the easterly side of Wantagh Parkway;
 thence North 02°05'40" West, along the easterly side of Wantagh Parkway,
 67.82 feet plus or minus, to the Point of Beginning.  Containing  within

 S. 2508                            76                            A. 3008
 
 said bounds 39,359 square feet plus or minus. The above described perma-
 nent  easement is for the construction and operation of a six-foot diam-
 eter force main at a minimum depth of  fifteen  feet  below  the  ground
 surface.  Said  parcel  being part of property designated as Section: 63
 Block: 261 Lots: 765G, 818A (Part of Cedar Creek  Park)  on  the  Nassau
 County Land and Tax Map.
   §  12.  Should  the lands described in sections five, seven, eight and
 eleven of this act cease to  be  used  for  the  purposes  described  in
 section one of this act, the permanent easements established pursuant to
 section one of this act shall cease and such lands shall be restored and
 dedicated as parklands.
   §  13.  In  the  event  that the county of Nassau received any funding
 support or assistance from the  federal  government  for  the  purchase,
 maintenance, or improvement of the parklands set forth in sections three
 through  eleven  of  this act, the discontinuance and alienation of such
 parklands authorized by the provisions of this act shall not occur until
 the county of Nassau has complied with any applicable  federal  require-
 ments pertaining to the alienation or conversion of parklands, including
 satisfying  the secretary of the interior that the alienation or conver-
 sion complies with all conditions which the secretary  of  the  interior
 deems  necessary  to  assure  the  substitution  of other lands shall be
 equivalent in fair market value and usefulness to the lands being alien-
 ated or converted.
   § 14. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section 1. Subject to the provisions of this act, the village of  East
 Rockaway,  in  the  county  of Nassau, acting by and through the village
 board of such village, is hereby authorized to  (a)  discontinue  perma-
 nently  the  use  as parkland the subsurface lands described in sections
 four and five of this act and to grant permanent easements on such lands
 to the State of New  York  or  county  of  Nassau  for  the  purpose  of
 constructing,  operating,  maintaining  and repairing a subsurface sewer
 main, and (b) discontinue temporarily the  use  as  parkland  the  lands
 described  in section three of this act and grant temporary easements on
 such lands to the county of Nassau for the  purpose  of  constructing  a
 subsurface  sewer  main.    Authorization  for  the  temporary  easement
 described in section three of this act shall cease upon  the  completion
 of  the  construction of the sewer main, at which time the department of
 environmental conservation shall restore the surface  of  the  parklands
 disturbed  and the parklands shall continue to be used for park purposes
 as they were prior to the grant of the temporary easement. Authorization
 for the permanent easements described in sections four and five of  this
 act  shall  require  that  the  department of environmental conservation
 restore the surface of the parklands disturbed and the  parklands  shall
 continue  to  be used for park purposes as they were prior to the estab-
 lishment of the permanent easements.
   § 2. The authorization provided in section one of this  act  shall  be
 effective  only  upon  the  condition  that the village of East Rockaway
 dedicate an amount equal to or greater than the fair market value of the
 parklands being discontinued to the acquisition of new parklands  and/or
 capital improvements to existing park and recreational facilities.
   §  3.  TEMPORARY EASEMENT - Force Main Shaft Construction Area.  Park-
 land upon and under which a temporary easement may be  granted  pursuant
 to  subdivision  (b) of section one of this act is described as follows:

 S. 2508                            77                            A. 3008
 
 all that certain plot, piece  or  parcel  of  land  with  buildings  and
 improvements thereon erected, situate, lying and being located at Incor-
 porated  Village  of East Rockaway, and the Hamlet of Oceanside, Town of
 Hempstead, County of Nassau and State of New York being more particular-
 ly  bounded  and  described  as  follows:    Beginning at a point on the
 westerly line of the herein described temporary easement for  the  force
 main shaft construction area, said Point of Beginning being more partic-
 ularly  described  as  commencing  at  the  northeast corner of property
 described in deed dated September 16, 1964 from Mary T. Caretto  to  The
 Incorporated  Village  of  East Rockaway, recorded September 18, 1964 at
 the Nassau County Clerk's Office  in  Liber  7317  Deeds  at  page  494,
 running  thence  South  76°23'40"  East,  on the northerly property line
 produced, of property described in the aforesaid Liber 7317 page 494,  a
 distance of 53.41 feet plus or minus, to the westerly line of the herein
 described  temporary  easement at the Point of Beginning. Running thence
 North 14°03'08" East 42.21 feet plus or minus;  thence  South  67°25'43"
 East  237.47  feet plus or minus; thence South 04°13'09" West 35.58 feet
 plus or minus; thence South 86°58'21" West 165.83 feet  plus  or  minus;
 thence  South  64°59'21"  West  106.15 feet; thence North 14°03'08" East
 143.63 feet plus or minus, to the Point of Beginning.  Containing within
 said bounds 23,103 square feet plus or minus. The above described tempo-
 rary easement is for the  construction  of  a  forty-four-foot  diameter
 access  shaft.  The  location  of  said  permanent  access shaft is more
 particularly described in section four of this act.  Said  parcel  being
 part of property designated as Section: 38, Block: E, Lots: 12, 14, 21A,
 21B on the Nassau County Land and Tax Map.
   §  4.  PERMANENT SUBSURFACE EASEMENT - Access Shaft. Parkland upon and
 under which a permanent easement may be granted pursuant to  subdivision
 (a)  of  section  one of this act is described as all that certain plot,
 piece or parcel of land with buildings and improvements thereon erected,
 situate, lying and being located at Incorporated Village of East  Rocka-
 way,  and  the  Hamlet of Oceanside, Town of Hempstead, County of Nassau
 and State of New York being more particularly bounded and  described  as
 follows:  a  circular  easement  with a radius of 22 feet, the center of
 said circle being the following two(2) courses from the northeast corner
 of property described in deed dated September  16,  1964  from  Mary  T.
 Caretto to The Incorporated Village of East Rockaway, recorded September
 18,  1964  at the Nassau County Clerk's Office in Liber 7317 of Deeds at
 page 494; South 76°23'40" East, on the northerly property line produced,
 of property described in the aforesaid Liber 7317 page 494,  a  distance
 of 185.51 feet plus or minus; to the centerline of the permanent subsur-
 face easement for force main, described in section 5 of this act; thence
 along  said  easement centerline South 19°04'18" West 22.47 feet plus or
 minus, to the center of the herein described circular easement. Contain-
 ing within said bounds a surface area  of  1,521  square  feet  plus  or
 minus.  Said permanent easement is for an access shaft that extends from
 the surface of the ground to an approximate  depth  of  70  feet.    The
 permanent  easement  allows  vehicular and personnel access to the shaft
 and within the shaft for  inspection,  maintenance,  repair  and  recon-
 struction.    Any  permanent  surface  improvements for a manhole or for
 cathodic protection, if  necessary,  would  be  flush  with  the  ground
 surface  or  integrated into site landscaping. Said parcel being part of
 property designated as Section: 38, Block: E, Lots: 12, 14, 21A, 21B  on
 the Nassau County Land and Tax Map.
   §  5.  PERMANENT  SUBSURFACE  EASEMENT - Force Main. Parkland upon and
 under which a permanent easement may be granted pursuant to  subdivision

 S. 2508                            78                            A. 3008
 
 (a)  of  section  one of this act is described as all that certain plot,
 piece or parcel of land with buildings and improvements thereon erected,
 situate, lying and being located at Incorporated Village of East  Rocka-
 way, and the Hamlet of Oceanside, County of Nassau and State of New York
 being  a  20-foot  wide  strip  of  land  more  particularly bounded and
 described as follows: Beginning at a point on the westerly line  of  the
 herein  described permanent subsurface easement, said Point of Beginning
 being more particularly described as commencing at the northeast  corner
 of  property  described  in  deed  dated September 16, 1964 from Mary T.
 Caretto to The Incorporated Village of East Rockaway, recorded September
 18, 1964 at the Nassau County Clerk's Office in Liber 7317 of  Deeds  at
 page 494; running thence South 76°23'40" East, on the northerly property
 line  produced,  of  property described in the aforesaid Liber 7317 page
 494, a distance of 175.47 feet plus or minus, to the  westerly  line  of
 the  herein  described  permanent  easement,  at the Point of Beginning.
 Running thence North 19°04'18" East 31.11 feet plus  or  minus,  to  the
 southerly  side  of  Mill  River; thence South 67°42'35" East, along the
 southerly side of Mill River, 20.03 feet plus  or  minus;  thence  South
 19°04'18"  West  48.37  feet  plus or minus; thence South 15°40'03" East
 55.00 feet plus or minus, to the northerly side of  Mill  River;  thence
 North 84°40'35" West, along the northerly side of Mill River, 20.33 feet
 plus  or  minus;  thence  North 15°40'03" West 57.60 feet plus or minus;
 thence North 19°04'18" East 24.64 feet plus or minus, to  the  Point  of
 Beginning.  Containing  within  said  bounds  2,167  square feet plus or
 minus. The above described permanent easement is  for  the  construction
 and  operation  of  a six-foot diameter force main at a minimum depth of
 fifteen feet below the ground surface. Said parcel being part of proper-
 ty designated as Section: 38, Block: E, Lots: 12, 14, 21A,  21B  on  the
 Nassau County Land and Tax Map.
   §  6. Should the lands described in sections four and five of this act
 cease to be used for the purposes described in section one of this  act,
 the  permanent easements established pursuant to section one of this act
 shall cease and such lands shall be restored and dedicated as parklands.
   § 7. In the event that the village of East Rockaway received any fund-
 ing support or assistance from the federal government for the  purchase,
 maintenance, or improvement of the parklands set forth in sections three
 through  five  of  this  act,  the discontinuance and alienation of such
 parklands authorized by the provisions of this act shall not occur until
 the village of East Rockaway has complied with  any  applicable  federal
 requirements  pertaining  to  the alienation or conversion of parklands,
 including satisfying the secretary of the interior that  the  alienation
 or  conversion  complies  with all conditions which the secretary of the
 interior deems necessary to assure the substitution of other lands shall
 be equivalent in fair market value and usefulness  to  the  lands  being
 alienated or converted.
   § 8. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section 1. Subject to the provisions of this act, the village of Rock-
 ville Centre, in the county of Nassau, acting by and through the village
 board  of  such  village, is hereby authorized to (a) discontinue perma-
 nently the use as parkland the subsurface lands  described  in  sections
 three and six of this act and to grant permanent easements on such lands
 to  the  State  of  New  York  or  county  of  Nassau for the purpose of
 constructing, operating, maintaining and repairing  a  subsurface  sewer

 S. 2508                            79                            A. 3008

 main,  and  (b)  discontinue  temporarily  the use as parkland the lands
 described in sections four, five and seven of this act and grant  tempo-
 rary  easements on such lands to the county of Nassau for the purpose of
 constructing  a  subsurface sewer main.  Authorization for the temporary
 easements described in sections four, five and seven of this  act  shall
 cease  upon  the  completion  of  the construction of the sewer main, at
 which time the department of environmental  conservation  shall  restore
 the  surface of the parklands disturbed and the parklands shall continue
 to be used for park purposes as they were prior  to  the  grant  of  the
 temporary easements. Authorization for the permanent easements described
 in  sections three and six of this act shall require that the department
 of environmental conservation  restore  the  surface  of  the  parklands
 disturbed  and the parklands shall continue to be used for park purposes
 as they were prior to the establishment of the permanent easements.
   § 2. The authorization provided in section one of this  act  shall  be
 effective  only  upon the condition that the village of Rockville Centre
 dedicate an amount equal to or greater than the fair market value of the
 parklands being discontinued to the acquisition of new parklands  and/or
 capital improvements to existing park and recreational facilities.
   §  3.  PERMANENT  SUBSURFACE  EASEMENT - Force Main. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located  at  Incorporated  Village  of
 East Rockaway, and the Incorporated Village of Rockville Centre, Town of
 Hempstead,  County of Nassau and State of New York, being a 20-foot wide
 strip of land  more  particularly  bounded  and  described  as  follows:
 Beginning  at  a  point on the northerly side of Mill River Avenue, said
 Point of Beginning being South 74°20'24" East,  as  measured  along  the
 northerly  side  of Mill River Avenue, 60.73 feet plus or minus from the
 intersection of the northerly side of Mill River Avenue with the easter-
 ly side of Riverside Road; running thence North  10°26'55"  East  461.31
 feet  plus  or minus; to the southerly side of South Park Avenue; thence
 along the southerly side of South  Park  Avenue,  South  79°11'54"  East
 20.00  feet  plus or minus, thence South 10°26'55" West 463.01 feet plus
 or minus, to the northerly side of Mill River Avenue, thence  along  the
 northerly  side  of  Mill  River Avenue, North 74°20'24" West 20.08 feet
 plus or minus, to the Point of Beginning. Containing within said  bounds
 9,243  square feet plus or minus. The above described permanent easement
 is for the construction and operation of a six-foot diameter force  main
 at a minimum depth of fifteen feet below the ground surface. Said parcel
 being part of property designated as Section: 38 Block: 136 Lots: 231 on
 the Nassau County Land and Tax Map.
   §  4.  TEMPORARY SUBSURFACE EASEMENT - Access Shaft. Parkland upon and
 under which a temporary easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located  at  Incorporated  Village  of
 Rockville  Centre,  Incorporated  Village of East Rockaway, and Incorpo-
 rated Village of Lynbrook, Town of Hempstead, County of Nassau and State
 of New York being more particularly bounded and described as a  circular
 easement  with  a radius of 22 feet, the center of said circle being the
 following two (2) courses from the intersection of the northerly side of
 South Park  Avenue  with  the  easterly  side  of  Chester  Road:  South
 79°24'16"  East,  along  the northerly side of South Park Avenue, 247.33
 feet plus or minus, to the centerline of the permanent subsurface  ease-

 S. 2508                            80                            A. 3008
 
 ment  for force main described in section 6 of this subpart of this act;
 North 10°26'55" East, along said centerline, 953.71 feet plus or  minus,
 to  the  center  of  the herein described circular easement.  Containing
 within  said  bounds  a surface area of 1,521 square feet plus or minus.
 Said temporary easement is for an access shaft  that  extends  from  the
 surface  of the ground to an approximate depth of 70 feet. Any permanent
 surface improvements for cathodic protection,  if  necessary,  would  be
 flush  with the ground surface or integrated into site landscaping. Said
 parcel being part of property designated as Section: 38  Block:  F  Lot:
 50F on the Nassau County Land and Tax Map.
   §  5.  TEMPORARY EASEMENT - Force Main Shaft Construction Area.  Park-
 land upon and under which a temporary easement may be established pursu-
 ant to subdivision (b) of section one of this act is  described  as  all
 that  certain  plot, piece or parcel of land with buildings and improve-
 ments thereon erected, situate, lying and being located at  Incorporated
 Village  of Rockville Centre, Incorporated Village of East Rockaway, and
 Incorporated Village of Lynbrook, Town of Hempstead,  County  of  Nassau
 and  State  of New York being more particularly bounded and described as
 follows: Beginning at a point  on  the  southerly  side  of  the  herein
 described  temporary  easement  for  construction staging, said Point of
 Beginning being more particularly described as commencing at the  inter-
 section  of  the  northerly  side of South Park Avenue with the easterly
 side of Chester Road; running thence  South  79°24'16"  East  along  the
 northerly  side  of South Park Avenue, 247.33 feet plus or minus, to the
 centerline of the permanent subsurface easement for force main described
 in section 6 of this  act;  thence  North  10°26'55"  East,  along  said
 centerline,  920.41  feet  plus  or  minus, to the southerly line of the
 temporary easement, at the Point  of  Beginning.  Running  thence  North
 76°19'09"  West  185.92  feet plus or minus; thence North 14°49'03" East
 31.83 feet plus or minus; thence South 76°28'34" East 65.98 feet plus or
 minus; thence North 36°46'43" East 60.84  feet  plus  or  minus;  thence
 North  78°41'29"  East 145.19 feet plus or minus; thence South 65°54'19"
 East 45.62 feet plus or minus; thence South 29°38'55" West  146.71  feet
 plus  or minus; thence North 76°19'09" West 40.66 feet plus or minus, to
 the Point of Beginning. Containing within said bounds 22,827 square feet
 plus or minus.  The  above  described  temporary  easement  is  for  the
 construction of a forty-four-foot diameter access shaft. The location of
 said  temporary  access  shaft is more particularly described in section
 four of this act. Said parcel  being  part  of  property  designated  as
 Section:  38 Block: F, Lot:  50F and part of Merton Avenue (not open) on
 the Nassau County Land and Tax Map.
   § 6. PERMANENT SUBSURFACE EASEMENT - Force  Main.  Parkland  upon  and
 under which a permanent easement may be established pursuant to subdivi-
 sion  (a)  of  section  one of this act is described as all that certain
 plot, piece or parcel of land with buildings  and  improvements  thereon
 erected,  situate,  lying  and  being located at Incorporated Village of
 Rockville Centre, Incorporated Village of East  Rockaway,  and  Incorpo-
 rated Village of Lynbrook, Town of Hempstead, County of Nassau and State
 of New York being a 20-foot wide strip of land more particularly bounded
 and described as follows:  Beginning at a point on the northerly side of
 South  Park  Avenue,  said  point  being South 79°24'16" East, along the
 northerly side of South Park Avenue, 237.33 feet plus or minus, from the
 intersection of the northerly side of South Park Avenue with the easter-
 ly side of Chester Road; running thence North 10°26'55" East 956.35 feet
 plus or minus; thence North 40°12'27" East 464.95 feet plus or minus, to
 the westerly side of Mill River; thence along the westerly side of  Mill

 S. 2508                            81                            A. 3008
 
 River the following five (5) courses South 10°54'32" East 4.49 feet plus
 or  minus; South 08°32'16" West 6.44 feet plus or minus; South 17°55'44"
 West 8.24 feet plus or minus; South 10°55'50" West  4.90  feet  plus  or
 minus;  South  07°44'20"  West  14.16  feet  plus or minus; thence South
 40°12'27" West 427.49 feet plus or minus; thence  South  10°26'55"  West
 951.08  feet  plus  or minus to the northerly side of South Park Avenue;
 thence North 79°24'16" West, along the  northerly  side  of  South  Park
 Avenue,  20.00 feet plus or minus, to the Point of Beginning. Containing
 within said bounds 28,014 square feet plus or minus. The above described
 permanent easement is for the construction and operation of  a  six-foot
 diameter  force main at a minimum depth of fifteen feet below the ground
 surface. Said parcel being part of property designated  as  Section:  38
 Block:  F  Lot:  50F  and Section: 38, Block: T, Lot: 50A, on the Nassau
 County Land and Tax Map.
   § 7. TEMPORARY EASEMENT - Force Main Shaft Construction Area.    Park-
 land upon and under which a temporary easement may be established pursu-
 ant  to  subdivision  (b) of section one of this act is described as all
 that certain plot, piece or parcel of land with buildings  and  improve-
 ments  thereon erected, situate, lying and being located at Incorporated
 Village of Rockville Centre, Town of Hempstead,  County  of  Nassau  and
 State  of  New  York  being  more  particularly bounded and described as
 follows: Beginning at a point on the northerly side of  Sunrise  Highway
 (New  York State Route 27), said point being distant 82.57 feet westerly
 along the northerly side of Sunrise Highway from  the  extreme  westerly
 end  of an arc of a curve connecting the northerly side of Sunrise High-
 way with the westerly side of North Forest Avenue. Running thence  along
 the  northerly  side of Sunrise Highway the following three (3) courses:
 Southwesterly 250.24 feet plus or minus along the arc of a curve bearing
 to the left having a radius of 862.00 feet and a chord that bears  South
 77°03'07"  West  249.36  feet plus or minus, South 68°43'30" West 161.85
 feet plus or minus; Southwesterly 20.44 feet plus or minus along the arc
 of a curve bearing to the right having a radius of  592.00  feet  and  a
 chord  that  bears South 69°00'05" West 20.44 feet plus or minus; thence
 North 14°30'46" West 215.45 feet plus or minus, to the southerly side of
 Long Island Rail Road; thence along  the  southerly  side  of  the  Long
 Island Rail Road, South 87°41'41" East 469.93 feet plus or minus; thence
 South  02°13'26" West 67.80 feet plus or minus, to the northerly side of
 Sunrise Highway, at the Point of  Beginning.    Containing  within  said
 bounds  57,506  square feet plus or minus. The above described temporary
 easement is necessary for the construction of temporary  access  to  the
 aqueduct  below Sunrise Highway area. Said parcel being part of property
 designated as Section: 38 Block: 291 Lot: 17 on the Nassau  County  Land
 and Tax Map.
   §  8. Should the lands described in sections three and six of this act
 cease to be used for the purposes described in section one of this  act,
 the  permanent easements established pursuant to section one of this act
 shall cease and such lands shall be restored and dedicated as parklands.
   § 9. In the event that the village of Rockville  Centre  received  any
 funding  support  or  assistance  from  the  federal  government for the
 purchase, maintenance, or improvement of  the  parklands  set  forth  in
 sections  three through seven of this act, the discontinuance and alien-
 ation of such parklands authorized by the provisions of this  act  shall
 not  occur  until  the village of Rockville Centre has complied with any
 applicable federal requirements pertaining to the alienation or  conver-
 sion  of  parklands,  including satisfying the secretary of the interior
 that the alienation or conversion complies with all conditions which the

 S. 2508                            82                            A. 3008
 
 secretary of the interior deems necessary to assure the substitution  of
 other  lands  shall be equivalent in fair market value and usefulness to
 the lands being alienated or converted.
   § 10. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section, subpart or part of this act shall be adjudged by a court
 of competent jurisdiction to be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation to the clause, sentence, paragraph, subdivision, section,
 subpart or part thereof directly involved in the  controversy  in  which
 such  judgment shall have been rendered. It is hereby declared to be the
 intent of the legislature that this act would have been enacted even  if
 such invalid provisions had not been included herein.
   §  3.  This act shall take effect immediately, provided, however, that
 the applicable effective date of Subparts A through C of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART AA

   Section  1.  Subparagraph  (i)  of  paragraph  3 of subdivision (a) of
 section 21 of the tax law, as amended by section 17 of part BB of  chap-
 ter 56 of the laws of 2015, is amended to read as follows:
   (i)  The  tangible  property  credit  component  shall be equal to the
 applicable percentage of the cost or other basis for federal income  tax
 purposes  of  tangible  personal  property  and other tangible property,
 including  buildings  and  structural  components  of  buildings,  which
 constitute qualified tangible property and may include any related party
 service  fee  paid; provided that in determining the cost or other basis
 of such property, the taxpayer shall exclude the acquisition cost of any
 item of property with respect to which a credit under this  section  was
 allowable  to  another  taxpayer.  A  related party service fee shall be
 allowed only in the calculation of the tangible property  credit  compo-
 nent and shall not be allowed in the calculation of the site preparation
 credit  component  or  the on-site groundwater remediation credit compo-
 nent. The portion of the tangible property  credit  component  which  is
 attributable  to  related  party  service  fees shall be allowed only as
 follows: (A) in the taxable year in which the qualified tangible proper-
 ty described in subparagraph  (iii)  of  this  paragraph  is  placed  in
 service,  for  that portion of the related party service fees which have
 been earned and actually paid to the related party on or before the last
 day of such taxable year; and (B) with respect to any other taxable year
 for which the tangible property credit component may  be  claimed  under
 this  subparagraph  and  in  which  the amount of any additional related
 party service fees are actually paid by  the  taxpayer  to  the  related
 party,  the  tangible property credit component for such amount shall be
 allowed in such taxable year. The credit component amount so  determined
 shall  be  allowed for the taxable year in which such qualified tangible
 property is first placed in service on a qualified site with respect  to
 which  a  certificate  of completion has been issued to the taxpayer, or
 for the taxable year in which the certificate of completion is issued if
 the qualified tangible property is placed in service prior to the  issu-
 ance  of the certificate of completion. This credit component shall only
 be allowed for up to one hundred twenty months after  the  date  of  the
 issuance  of such certificate of completion, PROVIDED, HOWEVER, THAT FOR
 QUALIFIED SITES TO WHICH A CERTIFICATE OF COMPLETION  IS  ISSUED  ON  OR
 AFTER MARCH TWENTIETH, TWO THOUSAND TEN, BUT PRIOR TO JANUARY FIRST, TWO

 S. 2508                            83                            A. 3008
 
 THOUSAND  TWELVE,  THE  CREDIT  COMPONENT SHALL BE ALLOWED FOR UP TO ONE
 HUNDRED FORTY-FOUR MONTHS AFTER THE DATE OF SUCH ISSUANCE.
   § 2. This act shall take effect immediately.
 
                                  PART BB
 
   Section  1.  Notwithstanding the contrary provisions of section 9-0501
 of the environmental conservation law and the contrary provisions of the
 public lands  law,  the  department  of  environmental  conservation  is
 authorized  to grant easements for buried cables on real property within
 the Farmersville State Forest, Lost Nation State Forest, and Swift  Hill
 State Forest, which meet the following conditions:
   (a)  The  easements are for buried electric cables which are part of a
 wind powered electric generation project located in the towns  of  Rush-
 ford, Farmersville, Arcade, Centerville, Freedom, and Machias.
   (b)  The  easements  are for a portion of the property within Farmers-
 ville State Forest, Lost Nation  State  Forest,  and  Swift  Hill  State
 Forest owned by the state and managed by the department of environmental
 conservation. The buried cables shall be:
   (1)  located  underground  for approximately 500 feet between turbines
 101 and 102 (which are sited on  private  land),  and  passing  below  a
 section of Farmersville State Forest in Cattaraugus County;
   (2) located underground for approximately 1,600 feet on the south side
 of Hess Road along the Farmersville State Forest boundary in Cattaraugus
 County,  turning southwest to follow an existing track for approximately
 420 feet, and continuing west along the  northern  parcel  boundary  for
 approximately  1,300  feet to the property line, to connect turbines 100
 and 104 (both sited on private land);
   (3) located underground for approximately 2,950 feet  along  the  west
 side  of  North Hill Road in Lost Nation State Forest in Allegany County
 to connect turbines 73, 75, 76, and 77 (all sited on  private  land)  to
 the rest of the project; and
   (4)  located underground for approximately 1,150 feet on the east side
 of Rushford Road, along the western edge of Swift Hill State  Forest  in
 Allegany  County  to connect turbines 124 and 125 (both sited on private
 land) to the rest of the project.
   (c) The easements will be conveyed by the department of  environmental
 conservation  and  take  effect only in the event the underground cables
 proposed to be on such easement lands are certified and approved as part
 of a wind powered electric generation facility pursuant to article 10 of
 the public service law.
   (d) The easements shall terminate when  the  associated  wind  powered
 electric generation project ceases to operate for 18 months as set forth
 in  the easements and the easements shall then revert to the state to be
 managed by the department of environmental conservation as state  forest
 land.
   (e)  The  use  of  chemicals/herbicides for clearing said easements is
 prohibited unless prior approval for the same is granted by the  depart-
 ment of environmental conservation, division of lands and forests.
   §  2.  (a)  In entering into the easements described in section one of
 this act, the department of environmental conservation is authorized  to
 grant  such  easements  for fair market value plus twenty percent of the
 value of the easements plus one hundred thousand dollars  upon  applica-
 tion by Alle-Catt Wind Energy LLC.
   (b)  An amount, not less than fair market value plus twenty percent of
 the value of the easements plus one hundred thousand  dollars  shall  be

 S. 2508                            84                            A. 3008
 
 used to obtain for the state an interest in real property for open space
 purposes  in  region  9  of the department of environmental conservation
 from the regional priority conservation projects list  in  region  9  as
 part of this state's open space conservation plan. The total payment for
 such acquisition or acquisitions shall not be less than the value of the
 easements  to  be conveyed by the state plus twenty percent of the value
 of such easements plus one hundred thousand dollars.
   (c) Any monies received by the department of  environmental  conserva-
 tion  from Alle-Catt Wind Energy LLC in consideration of these easements
 shall be deposited into the  state  environmental  protection  fund,  as
 established in section 92-s of the state finance law, until such time as
 they  can  be  used towards the purchase of the real property as contem-
 plated in subdivision (b) of this section.
   (d) The description of the easements to be conveyed by this act is not
 intended to be a legal description, but  is  intended  to  identify  the
 easements  to  be  conveyed. As a condition of conveyance Alle-Catt Wind
 Energy LLC shall submit to the commissioner of  environmental  conserva-
 tion for his or her approval an accurate survey and description of lands
 generally  described in this section which may be used in the conveyance
 thereof.
   (e) The grant of the easements  is  conditioned  on  the  issuance  of
 certificates  of environmental compatibility and public need pursuant to
 the provisions of article 10 of the public service law.
   (f) Compensation for the stumpage value of trees to be felled  by  the
 entity  shall  be  deposited in the same manner as in subdivision (b) of
 this section with the felled trees to become the property  of  Invenergy
 LLC.  Stumpage  value  is to be determined by the department of environ-
 mental conservation forester based on  the  most  recent  department  of
 environmental  conservation  stumpage price report at the time the trees
 are felled.
   § 3. The commissioner  of  environmental  conservation  may  prescribe
 additional terms for such exchange of real property. Such contract shall
 not  become  binding  upon  the  state until approved by the state comp-
 troller. Title to the land to the people of the state of New York pursu-
 ant to the provisions of such contract shall be approved by the attorney
 general, and the deed to the state shall be approved by him or her as to
 form and manner of execution and recordability before such deed shall be
 accepted on behalf of the state. Notwithstanding the contrary provisions
 of the public lands law, the conveyance  of  the  state-owned  easements
 pursuant  to  such  contract  shall be without reservation or exception,
 except as provided for in  such  contract.  Upon  certification  by  the
 commissioner of environmental conservation to the commissioner of gener-
 al  services of a copy of the contract, and certification that Alle-Catt
 Wind Energy LLC has complied  with  all  terms  and  conditions  of  the
 contract  upon  their  part  to  be  kept and performed, together with a
 description of any of the easements to  be  exchanged,  conveyed  and/or
 payments  to  be made, the commissioner of general services shall convey
 the easements described in section one of this act  in  accordance  with
 the provisions of the contract.
   §  4.  This act shall take effect immediately, and shall expire and be
 deemed repealed five years after such date;  provided,  however,  should
 the  easements  be  granted within the five years, the term of the ease-
 ments will establish the end date of the easements.  At  such  time  the
 land  will  revert  back  to  the  state  of  New  York for state forest
 purposes.

 S. 2508                            85                            A. 3008
 
                                  PART CC

   Section  1.  Section  12  of  part F of chapter 58 of the laws of 2013
 amending the environmental conservation law and the  state  finance  law
 relating to the "Cleaner, Greener NY Act of 2013", as amended by chapter
 65 of the laws of 2019, is amended to read as follows:
   §  12.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2013; provided,
 however, that the amendments to subdivision 5-a of  section  27-1015  of
 the  environmental  conservation  law,  as added by section nine of this
 act, shall expire and be deemed repealed on April 1, [2021] 2023.
   § 2. This act shall take effect immediately.
 
                                  PART DD
 
   Section 1. This act shall be known and  may  be  cited  as  the  "rail
 advantaged housing act".
   §  2.  Legislative  findings and statement of purpose. The legislature
 hereby finds, determines and declares:
   (a) Chapter 106 of the laws of 2019 enacted the New York state climate
 leadership  and  community  protection  act  (the  "CLCPA").  The  CLCPA
 directed  the  department  of  environmental conservation to establish a
 statewide greenhouse gas emissions limit for 2030 equal to 60%  of  1990
 emissions, and a statewide greenhouse gas emissions limit for 2050 equal
 to 15% of 1990 emissions (the "CLCPA limits").
   (b)  Transportation  currently  accounts for 36% of the greenhouse gas
 emissions in New York. New York has an obligation to  reduce  greenhouse
 gas emissions in every sector, including transportation.
   (c) The CLCPA recognizes the need to encourage and facilitate land use
 and  transportation  planning  strategies to reduce greenhouse gas emis-
 sions from the transportation sector.
   (d) In 1946, the legislature declared a housing emergency in New  York
 City.  The  emergency  has  continued  through  the present day. Housing
 production throughout the New  York  City  metropolitan  area  has  been
 insufficient to address this emergency for decades.
   (e)  Creating  housing  in  close  proximity to commuter rail stations
 promotes both the goals of the CLCPA and helps to  address  the  housing
 emergency in New York City.
   (f)  A  public policy purpose would be served and the interests of the
 people of the state would  be  advanced  by  expediting  the  regulatory
 review of local zoning changes that will lead to the production of hous-
 ing in close proximity to commuter rail stations.
   § 3. Definitions.
   (a)  "Commissioner"  shall  mean  the  commissioner  of  environmental
 conservation or the commissioner's designee.
   (b) "Commuter rail station" shall mean a rail station,  other  than  a
 rail  station  located  in  New  York City, on any rail line operated by
 either the Long Island Rail Road or the Metro-North Railroad.
   (c) "Commuter rail station area" shall mean the area  within  one-half
 mile of any commuter rail station.
   (d)  "Incremental parking decrease" shall mean, with respect to a rail
 advantaged housing rezoning proposal, the percentage decrease in public-
 ly accessible vehicle parking proximate to a commuter rail station  that
 such rezoning proposal would cause, if effective.
   (e)  "Incremental  population  increase" shall mean, with respect to a
 rail advantaged housing rezoning proposal, the percentage by  which  the

 S. 2508                            86                            A. 3008

 population  of  a  local  jurisdiction including the property subject to
 such rezoning proposal would increase if:  (1)  such  rezoning  proposal
 were  to  become effective; (2) all of the housing permitted to be built
 as  a  result of such rezoning proposal were to be built; and (3) all of
 such housing were to be fully occupied.
   (f) "Local jurisdiction" shall mean any city, county, town, village or
 other political subdivision of the state.
   (g) "Local agency zoning mitigation account"  shall  mean  an  account
 established by a local agency solely for the purpose of mitigating envi-
 ronmental impacts due to any rezoning.
   (h) "Local agency" means any governing body of a local jurisdiction.
   (i)  "Rail  advantaged  housing" shall mean any housing or residential
 building located within one-half mile of a commuter rail station.
   (j) "Rail advantaged housing envelope" shall  mean  the  total  square
 feet  of  residential  space  permitted  to  be built in a commuter rail
 station area under the zoning regulations applicable  to  such  commuter
 rail station area.
   (k)  "Rail advantaged housing rezoning proposal" shall mean a proposal
 for rezoning which, if effective, (1) would increase the rail advantaged
 housing envelope in the area proposed for rezoning, and  (2)  would  not
 affect  zoning  regulations  applicable  outside a commuter rail station
 area.
   (l) "Rezoning" shall mean an action undertaken by a  local  agency  to
 modify zoning regulations.
   (m)  "Rezoning  entity" shall mean a local agency authorized to modify
 zoning regulations.
   § 4. Uniform standards and conditions.
   (a) The commissioner shall establish a set of  uniform  standards  and
 conditions  for  rail  advantaged  housing  rezoning  proposals that are
 common for all rail advantaged housing rezoning proposals or for partic-
 ular  classes  and  categories  of  rail  advantaged  housing   rezoning
 proposals.
   (b)  The  uniform standards and conditions established under paragraph
 (a) of this section shall include:
   1. A standard establishing a maximum incremental  population  increase
 the  exceedance  of which by a rail advantaged housing rezoning proposal
 would cause such rezoning proposal to be deemed to have an environmental
 impact;
   2. A standard establishing a maximum incremental parking decrease  the
 exceedance of which by a rail advantaged housing rezoning proposal would
 cause  such  rezoning  proposal  to  be  deemed to have an environmental
 impact;
   3. A formula to determine, by reference to any, all, or  any  combina-
 tion  of  the  following  factors,  the amount which, if paid to a local
 agency zoning mitigation account, would mitigate the impact  of  housing
 construction  on  the  quality  of a jurisdiction's environment and on a
 local agency's ability to provide essential public services: such  local
 agency's expenses for public education; such local agency's expenses for
 maintenance and improvement of roads, bicycle paths, pedestrian walkways
 and parks; such local agency's expenses to provide drinking water and to
 manage  water  quality; and other factors determined by the commissioner
 to be relevant; and
   4. Any other standards and conditions determined by the commissioner.
   § 5. Expedited zoning review.    Whenever  a  county  legislature  has
 adopted  a  local  law  to  permit rail advantaged housing as defined in
 section three of this act, the uniform standards established pursuant to

 S. 2508                            87                            A. 3008
 
 section four of this act shall apply to such project if the  project  is
 approved.  Approval  by  a  rezoning entity of a rail advantaged housing
 rezoning proposal is contingent upon the approval of the chief executive
 officer  of  any town, village or city and shall be deemed to not have a
 significant effect on the environment under subparagraph (ii)  of  para-
 graph  (c)  of  subdivision  2  of  section  8-0113 of the environmental
 conservation law if prior to such approval:
   (a) the chief executive officer of any town,  village  or  city  which
 includes  property subject to such rezoning has certified that such rail
 advantaged housing rezoning proposal:
   1. does not exceed the population increase standard established  under
 paragraph 1 of subdivision (b) of section four of this act;
   2.  does  not  exceed  the parking decrease standard established under
 paragraph 2 of subdivision (b) of section four of this act;
   3. requires that any person who builds housing pursuant to such rezon-
 ing proposal must pay to any  applicable  local  agency's  local  agency
 rezoning  mitigation  account  an amount not less than the amount deter-
 mined in accordance with the formula established under  paragraph  3  of
 subdivision (b) of section four of this act to be sufficient to mitigate
 any impacts caused by such housing; and
   (b)  such rezoning entity has conducted at least one public hearing on
 such rail advantaged rezoning proposal.
   § 6. This act shall take effect immediately.
 
                                  PART EE

   Section 1. Subdivision 5 of section 1902  of  the  public  authorities
 law,  as  added  by  section  6 of part JJJ of chapter 58 of the laws of
 2020, is amended to read as follows:
   5. Notwithstanding title five-A of article nine of  this  chapter,  OR
 ANY  LAW  TO  THE  CONTRARY,  establish a build-ready program, including
 eligibility and other criteria, pursuant to which the  authority  would,
 through  a competitive and transparent bidding process, AND USING SINGLE
 PURPOSE PROJECT HOLDING COMPANIES ESTABLISHED BY OR  ON  BEHALF  OF  THE
 AUTHORITY  AND  HAVING  NO SEPARATE AND INDEPENDENT OPERATIONAL CONTROL,
 ACQUIRE, SELL AND transfer rights and  other  interests  in  build-ready
 sites and development rights to developers for the purpose of facilitat-
 ing  the  development of renewable energy facilities on such build-ready
 sites. Such transactions may include the transfer of  rights,  interests
 and  obligations  existing under agreements providing for host community
 benefits negotiated by the authority pursuant  to  programs  established
 pursuant to subdivision six of this section on such terms and conditions
 as the authority deems appropriate;
   §  2.  This  act shall take effect immediately; provided however, that
 the amendments to section 1902 of the public  authorities  law  made  by
 section  one  of this act shall be subject to the repeal of such section
 and shall expire and be deemed repealed therewith.
 
                                  PART FF
 
   Section 1. Subdivision (p) of section 406 of chapter 166 of  the  laws
 of  1991,  amending  the  tax  law  and other laws relating to taxes, as
 amended by section 12 of part A of chapter 55 of the laws  of  2020,  is
 amended to read as follows:
   (p) The amendments to section 1809 of the vehicle and traffic law made
 by sections three hundred thirty-seven and three hundred thirty-eight of

 S. 2508                            88                            A. 3008
 
 this  act  shall not apply to any offense committed prior to such effec-
 tive date; provided, further, that section three  hundred  forty-one  of
 this act shall take effect immediately and shall expire November 1, 1993
 at  which  time  it  shall  be  deemed  repealed; sections three hundred
 forty-five and three hundred forty-six of this  act  shall  take  effect
 July  1,  1991;  sections three hundred fifty-five, three hundred fifty-
 six, three hundred fifty-seven and three hundred fifty-nine of this  act
 shall  take  effect immediately and shall expire June 30, 1995 and shall
 revert to and be read as if this act had not been enacted; section three
 hundred fifty-eight of this act shall take effect immediately and  shall
 expire  June 30, 1998 and shall revert to and be read as if this act had
 not been enacted; section three hundred sixty-four through three hundred
 sixty-seven of this act shall apply to claims filed  on  or  after  such
 effective  date; sections three hundred sixty-nine, three hundred seven-
 ty-two, three hundred seventy-three, three hundred  seventy-four,  three
 hundred  seventy-five  and  three  hundred seventy-six of this act shall
 remain in effect until September 1, [2021]  2023,  at  which  time  they
 shall   be  deemed  repealed;  provided,  however,  that  the  mandatory
 surcharge provided in section three hundred  seventy-four  of  this  act
 shall  apply  to parking violations occurring on or after said effective
 date; and provided further that the amendments made to  section  235  of
 the vehicle and traffic law by section three hundred seventy-two of this
 act,  the amendments made to section 1809 of the vehicle and traffic law
 by sections three hundred thirty-seven and three hundred thirty-eight of
 this act and the amendments made to section 215-a of the  labor  law  by
 section three hundred seventy-five of this act shall expire on September
 1,  [2021]  2023  and upon such date the provisions of such subdivisions
 and sections shall revert to and be read as if the  provisions  of  this
 act  had  not  been  enacted;  the amendments to subdivisions 2 and 3 of
 section 400.05 of the penal law made by sections three hundred  seventy-
 seven  and  three hundred seventy-eight of this act shall expire on July
 1, 1992 and upon such date the provisions  of  such  subdivisions  shall
 revert  and  shall be read as if the provisions of this act had not been
 enacted; the state board of law examiners shall take such action  as  is
 necessary to assure that all applicants for examination for admission to
 practice  as  an  attorney and counsellor at law shall pay the increased
 examination fee provided for by the amendment made to section 465 of the
 judiciary law by section three hundred eighty of this act for any  exam-
 ination given on or after the effective date of this act notwithstanding
 that an applicant for such examination may have prepaid a lesser fee for
 such examination as required by the provisions of such section 465 as of
 the  date  prior  to  the  effective date of this act; the provisions of
 section 306-a of the civil practice law and rules as  added  by  section
 three  hundred eighty-one of this act shall apply to all actions pending
 on or commenced on or after September 1, 1991, provided,  however,  that
 for  the  purposes of this section service of such summons made prior to
 such date shall be deemed to have been completed on September  1,  1991;
 the  provisions  of section three hundred eighty-three of this act shall
 apply to all money deposited  in  connection  with  a  cash  bail  or  a
 partially  secured  bail  bond  on or after such effective date; and the
 provisions of sections  three  hundred  eighty-four  and  three  hundred
 eighty-five  of  this  act  shall  apply  only to jury service commenced
 during a judicial term beginning on or after the effective date of  this
 act; provided, however, that nothing contained herein shall be deemed to
 affect  the  application,  qualification,  expiration  or  repeal of any
 provision of law amended by any section of this act and such  provisions

 S. 2508                            89                            A. 3008
 
 shall  be  applied or qualified or shall expire or be deemed repealed in
 the same manner, to the same extent and on the same date as the case may
 be as otherwise provided by law;
   §  2. Subdivision 8 of section 1809 of the vehicle and traffic law, as
 amended by section 13 of part A of chapter 55 of the laws  of  2020,  is
 amended to read as follows:
   8. The provisions of this section shall only apply to offenses commit-
 ted   on   or   before   September   first,  two  thousand  [twenty-one]
 TWENTY-THREE.
   § 3. This act shall take effect immediately.
 
                                  PART GG

   Section 1. Section 1226 of the vehicle and traffic law, as amended  by
 chapter 506 of the laws of 1971, is amended to read as follows:
   § 1226. Control of steering mechanism. No person shall operate a motor
 vehicle without having at least one hand or, in the case of a physically
 handicapped  person, at least one prosthetic device or aid on the steer-
 ing mechanism at all times when the motor vehicle is in motion UNLESS  A
 DRIVING  AUTOMATION  SYSTEM,  AS  DEFINED  IN  SAE J3016 AS PERIODICALLY
 REVISED, IS ENGAGED TO PERFORM STEERING FUNCTION.
   § 2. Subdivision a of section 1 of part FF of chapter 55 of  the  laws
 of  2017,  relating  to  motor vehicles equipped with autonomous vehicle
 technology, as amended by section 1 of part H of chapter 58 of the  laws
 of 2018, is amended to read as follows:
   a.  Notwithstanding  the provisions of section 1226 of the vehicle and
 traffic law, the New York  state  commissioner  of  motor  vehicles  may
 approve  demonstrations and tests consisting of the operation of a motor
 vehicle equipped with autonomous vehicle  technology  while  such  motor
 vehicle  is  engaged  in  the  use of such technology on public highways
 within this state for the purposes of demonstrating  and  assessing  the
 current  development of autonomous vehicle technology and to begin iden-
 tifying potential impacts of such technology on safety, traffic control,
 traffic enforcement, emergency services, and such other areas as may  be
 identified  by  such  commissioner. [Provided, however, that such demon-
 strations and tests shall only take place under the  direct  supervision
 of  the  New  York  state police, in a form and manner prescribed by the
 superintendent of  the  New  York  state  police.  Additionally,  a  law
 enforcement  interaction  plan  shall  be included as part of the demon-
 stration and test application that includes information for law enforce-
 ment and first responders regarding how to interact with such a  vehicle
 in  emergency  and  traffic enforcement situations.  Such demonstrations
 and tests shall take place in  a  manner  and  form  prescribed  by  the
 commissioner of motor vehicles including, but not limited to: a require-
 ment  that a natural person holding a valid license for the operation of
 the motor vehicle's class be present within such vehicle for  the  dura-
 tion  of  the time it is operated on public highways; a requirement that
 the motor vehicle utilized in such  demonstrations  and  tests  complies
 with  all applicable federal motor vehicle safety standards and New York
 state motor vehicle inspection standards; and  a  requirement  that  the
 motor vehicle utilized in such demonstrations and tests has in place, at
 a minimum, financial security in the amount of five million dollars] THE
 COMMISSIONER  SHALL  ISSUE  AND PROMULGATE RULES AND REGULATIONS FOR THE
 ADMINISTRATION OF THIS ACT.   Nothing in this act  shall  authorize  the
 motor  vehicle  utilized  in such demonstrations and tests to operate in

 S. 2508                            90                            A. 3008

 violation of article 22 or title 7  of  the  vehicle  and  traffic  law,
 excluding section 1226 of such law.
   §  3. Section 3 of part FF of chapter 55 of the laws of 2017, relating
 to motor  vehicles  equipped  with  autonomous  vehicle  technology,  as
 amended  by  section  2  of part M of chapter 58 of the laws of 2019, is
 amended to read as follows:
   § 3. This act shall take effect April 1, 2017; provided, however, that
 section one of this act shall expire and be  deemed  repealed  April  1,
 [2021] 2026.
   §  4.  There is hereby established a group to be known as the "Intera-
 gency Group on  Autonomous  Vehicle  Technology".  The  group  shall  be
 composed of the following members: the commissioner of the department of
 transportation  or  his or her designee; the commissioner of the depart-
 ment of motor vehicles or his or her designee; the director of  the  New
 York  State  thruway authority or his or her designee; the chancellor of
 the state university of New York or his or her designee; and the  direc-
 tor  of  the  state  police  or  his or her designee. The group shall be
 responsible for the coordination of all  State  policy  with  regard  to
 autonomous  vehicle and connected autonomous vehicle technology with the
 goal of providing quick and  efficient  modification  of  regulation  in
 response  to  evolving  industry trends. The group shall study, evaluate
 and develop recommendations relating  to  specific  actionable  measures
 that address how automated vehicle technology will transform the state's
 roadways,  economy, education system, and society. The group shall study
 how to support safe testing, deployment and operation of automated vehi-
 cle technology on public highways. In doing so, the group shall take the
 following into consideration: (a) the measures necessary to successfully
 implement automated vehicles, including necessary legislative and  regu-
 latory  or  administrative changes; (b) the difficulties and liabilities
 that could arise by allowing automated vehicles on public  highways  and
 proper mechanisms to manage risks and ensure adequate risk coverage; (c)
 how automated vehicle technology can promote research and development in
 this  state;  (d)  potential  infrastructure  changes needed and capital
 planning considerations; and (f) any other issue the group  deems  rele-
 vant.
   §  5.  This act shall take effect immediately, provided, however, that
 section one of this act shall take effect April 1, 2026.
 
                                  PART HH

   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 224-b to read as follows:
   §  224-B.  CONVENIENCE FEE. IN ADDITION TO ANY OTHER FEES PROVIDED FOR
 IN THIS CHAPTER, A NONREFUNDABLE TECHNOLOGY FEE OF ONE DOLLAR  SHALL  BE
 ADDED  TO  THE  APPLICABLE  FEE  FOR  ANY TRANSACTION FOR WHICH A FEE IS
 CHARGED BY THE  DEPARTMENT  FOR:  THE  REGISTRATION,  REREGISTRATION  OR
 RENEWAL  OF  A  REGISTRATION  OF  A  MOTOR VEHICLE, MOTORCYCLE, HISTORIC
 MOTORCYCLE, SNOWMOBILE OR VESSEL; AND  THE  ISSUANCE  OF  ANY  ORIGINAL,
 DUPLICATE  OR  RENEWAL  LEARNER  PERMIT,  DRIVER'S LICENSE OR NON-DRIVER
 IDENTIFICATION CARD. SUCH FEES SHALL BE DEPOSITED TO THE CREDIT  OF  THE
 DEDICATED HIGHWAY AND BRIDGE TRUST FUND, ESTABLISHED PURSUANT TO SECTION
 EIGHTY-NINE-B OF THE STATE FINANCE LAW.
   §  2.  Paragraph  (a)  of  subdivision  3 of section 89-b of the state
 finance law, as amended by section 4 of chapter 368 of the laws of 2019,
 is amended to read as follows:

 S. 2508                            91                            A. 3008
 
   (a) The special obligation reserve and payment account  shall  consist
 (i)  of all moneys required to be deposited in the dedicated highway and
 bridge trust fund pursuant to the provisions  of  sections  two  hundred
 five,  two  hundred  eighty-nine-e,  three  hundred  one-j, five hundred
 fifteen  and  eleven  hundred  sixty-seven  of  the  tax  law, [section]
 SECTIONS TWO HUNDRED TWENTY-FOUR-B AND  four  hundred  one  and  article
 [twelve-d]  TWELVE-D of the vehicle and traffic law, and section thirty-
 one of chapter fifty-six of the laws of nineteen  hundred  ninety-three,
 (ii)  all  fees,  fines  or  penalties  collected by the commissioner of
 transportation and  the  commissioner  of  motor  vehicles  pursuant  to
 section  fifty-two,  section  three  hundred twenty-six, section eighty-
 eight of the highway law, subdivision fifteen of section  three  hundred
 eighty-five  of  the  vehicle and traffic law, section two of part U1 of
 chapter sixty-two of the laws of two thousand three, subdivision (d)  of
 section  three  hundred  four-a,  paragraph  one  of subdivision (a) and
 subdivision (d) of section three  hundred  five,  subdivision  six-a  of
 section  four  hundred fifteen and subdivision (g) of section twenty-one
 hundred twenty-five of the vehicle and traffic law, section  fifteen  of
 this  chapter,  excepting  moneys deposited with the state on account of
 betterments performed pursuant to subdivision twenty-seven  or  subdivi-
 sion  thirty-five  of  section  ten  of the highway law, and section one
 hundred forty-five of the transportation law, (iii) any moneys collected
 by the department of transportation for services  provided  pursuant  to
 agreements  entered into in accordance with section ninety-nine-r of the
 general municipal law, and (iv) any other moneys collected  therefor  or
 credited or transferred thereto from any other fund, account or source.
   §  3.  Paragraph  (a)  of  subdivision  3 of section 89-b of the state
 finance law, as amended by section 5 of chapter 368 of the laws of 2019,
 is amended to read as follows:
   (a) The special obligation reserve and payment account  shall  consist
 (i)  of all moneys required to be deposited in the dedicated highway and
 bridge trust fund pursuant to the provisions  of  sections  two  hundred
 eighty-nine-e,  three  hundred  one-j,  five  hundred fifteen and eleven
 hundred sixty-seven of the tax law, [section] SECTIONS TWO HUNDRED TWEN-
 TY-FOUR-B AND four hundred one and article [twelve-d]  TWELVE-D  of  the
 vehicle  and traffic law, and section thirty-one of chapter fifty-six of
 the laws of nineteen hundred  ninety-three,  (ii)  all  fees,  fines  or
 penalties  collected  by  the  commissioner  of  transportation  and the
 commissioner of motor vehicles pursuant to  section  fifty-two,  section
 three  hundred  twenty-six,  section  eighty-eight  of  the highway law,
 subdivision fifteen of section three hundred eighty-five of the  vehicle
 and  traffic  law,  section  fifteen  of  this chapter, excepting moneys
 deposited with the state on account of betterments performed pursuant to
 subdivision twenty-seven or subdivision thirty-five of  section  ten  of
 the  highway  law, and section one hundred forty-five of the transporta-
 tion law, (iii) any moneys collected by the department of transportation
 for services provided pursuant to agreements entered into in  accordance
 with  section  ninety-nine-r  of the general municipal law, and (iv) any
 other moneys collected therefor or credited or transferred thereto  from
 any other fund, account or source.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law and shall expire and be deemed repealed five
 years after such date; provided, however, that the amendments  to  para-
 graph  (a)  of  subdivision  3 of section 89-b of the state finance law,
 made by section two of this act, shall be subject to the expiration  and
 reversion of such paragraph pursuant to section 13 of part U1 of chapter

 S. 2508                            92                            A. 3008
 
 62  of  the laws of 2003, as amended, when upon such date the provisions
 of section three of this act shall take effect;  provided  further  that
 the  convenience  fee  authorized to be collected in connection with fee
 transactions  relating  to  the registration of motor vehicles, motorcy-
 cles, historic motorcycles, vessels and snowmobiles shall apply  to  new
 registrations  issued,  reregistrations  occurring,  and  to renewals of
 registrations expiring, on and after such  date;  and  provided  further
 that  the  technology  fee authorized to be collected in connection with
 fee transactions relating to learner permits, driver licenses and  iden-
 tification cards shall apply to new learner permits, driver licenses and
 identification  cards issued, and to renewals of learner permits, driver
 licenses and identification cards expiring,  on  and  after  such  date.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or  regulation  and any changes in procedures and information technology
 systems necessary for the implementation of this act  on  its  effective
 date are authorized to be made and completed on or before such effective
 date.
 
                                  PART II
 
   Section  1.  Section  2  of  part BB of chapter 58 of the laws of 2012
 amending the public authorities law, relating to authorizing the  dormi-
 tory  authority to enter into certain design and construction management
 agreements, as amended by section 1 of part B of chapter 58 of the  laws
 of 2019, is amended to read as follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed April 1, [2021] 2024.
   § 2. The dormitory authority of the state of New York shall provide  a
 report  providing  information regarding any project undertaken pursuant
 to a design and construction management agreement, as authorized by part
 BB of chapter 58 of the laws of 2012, between the dormitory authority of
 the state of New York and the department of  environmental  conservation
 and/or  the office of parks, recreation and historic preservation to the
 governor, the temporary president of  the  senate  and  speaker  of  the
 assembly.  Such report shall include but not be limited to a description
 of each such project, the project identification  number  of  each  such
 project,  if applicable, the projected date of completion, the status of
 the project, the total cost or projected cost of each such project,  and
 the  location, including the names of any county, town, village or city,
 where each such project is located or  proposed.  In  addition,  such  a
 report  shall be provided to the aforementioned parties by the first day
 of March of each year that the authority to enter into  such  agreements
 pursuant to part BB of chapter 58 of the laws of 2012 is in effect.
   §  3.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2021.
 
                                  PART JJ

   Section 1. The opening paragraph of section 5102 of the insurance  law
 is amended and a new subsection (n) is added to read as follows:
   In this [chapter] ARTICLE:
   (N) "PROVIDER OF HEALTH SERVICES" MEANS A PERSON OR ENTITY WHO OR THAT
 RENDERS HEALTH SERVICES.
   § 2. Section 5109 of the insurance law, as added by chapter 423 of the
 laws of 2005, is amended to read as follows:

 S. 2508                            93                            A. 3008
 
   §  5109.  Unauthorized  providers  of health services. (a) [The super-
 intendent, in consultation with  the  commissioner  of  health  and  the
 commissioner of education, shall by regulation, promulgate standards and
 procedures  for  investigating  and  suspending or removing the authori-
 zation for providers of health services to demand or request payment for
 health  services  as  specified  in  paragraph  one of subsection (a) of
 section five thousand one hundred two  of  this  article  upon  findings
 reached  after  investigation pursuant to this section. Such regulations
 shall ensure the same  or  greater  due  process  provisions,  including
 notice  and opportunity to be heard, as those afforded physicians inves-
 tigated under article two of the workers'  compensation  law  and  shall
 include  provision for notice to all providers of health services of the
 provisions of this section and  regulations  promulgated  thereunder  at
 least ninety days in advance of the effective date of such regulations.]
 AS  USED  IN  THIS  SECTION, "HEALTH SERVICES" MEANS SERVICES, SUPPLIES,
 THERAPIES OR OTHER TREATMENTS AS SPECIFIED IN SUBPARAGRAPH (I), (II)  OR
 (IV)  OF  PARAGRAPH  ONE  OF SUBSECTION (A) OF SECTION FIVE THOUSAND ONE
 HUNDRED TWO OF THIS ARTICLE.
   (b) [The commissioner of health  and  the  commissioner  of  education
 shall  provide  a  list of the names of all providers of health services
 who the commissioner of health and the commissioner of  education  shall
 deem,  after  reasonable  investigation,  not  authorized  to  demand or
 request any payment for medical services in connection  with  any  claim
 under  this article because such provider of health services] THE SUPER-
 INTENDENT MAY PROHIBIT A PROVIDER OF HEALTH SERVICES FROM  DEMANDING  OR
 REQUESTING  PAYMENT  FOR  HEALTH  SERVICES  RENDERED UNDER THIS ARTICLE,
 OTHER THAN HEALTH SERVICES RENDERED IN THE  EMERGENCY  DEPARTMENT  OF  A
 GENERAL  HOSPITAL, AS DEFINED IN SUBDIVISION TEN OF SECTION TWO THOUSAND
 EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, FOR A PERIOD  NOT  EXCEEDING
 THREE YEARS, IF THE SUPERINTENDENT DETERMINES, AFTER NOTICE AND HEARING,
 THAT THE PROVIDER OF HEALTH SERVICES:
   (1)  has ADMITTED TO, OR been FOUND guilty of, professional [or other]
 misconduct [or incompetency],  AS  DEFINED  IN  THE  EDUCATION  LAW,  in
 connection  with  [medical] HEALTH services rendered under this article;
 [or
   (2) has exceeded the limits of his or her professional  competence  in
 rendering  medical care under this article or has knowingly made a false
 statement or representation as to a material fact in any medical  report
 made in connection with any claim under this article; or
   (3)]  (2)  solicited,  or [has] employed another PERSON to solicit for
 [himself or herself] THE PROVIDER OF HEALTH SERVICES  or  [for]  another
 PERSON  OR  ENTITY,  professional  treatment, examination or care of [an
 injured] A person in connection with any claim under this article; [or
   (4) has] (3) refused to appear before, or  [to]  answer  ANY  QUESTION
 upon  request of, the [commissioner of health, the] superintendent[,] or
 any duly authorized officer of [the] THIS state, [any  legal  question,]
 or  REFUSED  to produce any relevant information concerning [his or her]
 THE conduct OF THE  PROVIDER  OF  HEALTH  SERVICES  in  connection  with
 [rendering medical] HEALTH services RENDERED under this article; [or
   (5) has] (4) engaged in [patterns] A PATTERN of billing for:
   (A)  HEALTH  services [which] ALLEGED TO HAVE BEEN RENDERED UNDER THIS
 ARTICLE,  WHEN  THE  HEALTH  SERVICES  were  not  [provided]   RENDERED,
 PROVIDED,  HOWEVER,  THAT AN ADVERSE DETERMINATION BY THE SUPERINTENDENT
 PURSUANT TO THIS SUBPARAGRAPH SHALL NOT BE BASED ON GOOD FAITH  DISPUTES
 REGARDING  THE APPROPRIATENESS OF A PARTICULAR CODE TO DESCRIBE A HEALTH
 SERVICE; OR

 S. 2508                            94                            A. 3008
 
   (B) UNNECESSARY HEALTH SERVICES, PROVIDED, HOWEVER,  THAT  AN  ADVERSE
 DETERMINATION  BY THE SUPERINTENDENT PURSUANT TO THIS SUBPARAGRAPH SHALL
 NOT BE BASED SOLELY ON THE FACT THAT ONE OR MORE  INSURERS  HAVE  DENIED
 MULTIPLE CLAIMS SUBMITTED BY THE PROVIDER OF HEALTH SERVICES;
   (5)  UTILIZED  UNLICENSED PERSONS TO RENDER HEALTH SERVICES UNDER THIS
 ARTICLE, WHEN ONLY A PERSON LICENSED IN THIS STATE MAY RENDER THE HEALTH
 SERVICES;
   (6) UTILIZED LICENSED PERSONS TO  RENDER  HEALTH  SERVICES  THAT  WERE
 BEYOND THE AUTHORIZED SCOPE OF THE PERSON'S LICENSE;
   (7) CEDED OWNERSHIP, OPERATION OR CONTROL OF A BUSINESS ENTITY AUTHOR-
 IZED  TO PROVIDE PROFESSIONAL HEALTH SERVICES IN THIS STATE, INCLUDING A
 PROFESSIONAL SERVICE CORPORATION, PROFESSIONAL LIMITED LIABILITY COMPANY
 OR REGISTERED LIMITED LIABILITY PARTNERSHIP, TO A PERSON NOT LICENSED TO
 RENDER THE HEALTH SERVICES FOR WHICH THE ENTITY IS LEGALLY AUTHORIZED TO
 PROVIDE, EXCEPT WHERE THE UNLICENSED PERSON'S  OWNERSHIP,  OPERATION  OR
 CONTROL IS OTHERWISE PERMITTED BY LAW;
   (8)  COMMITTED A FRAUDULENT INSURANCE ACT AS DEFINED IN SECTION 176.05
 OF THE PENAL LAW;
   (9) HAS BEEN CONVICTED OF A CRIME INVOLVING  FRAUDULENT  OR  DISHONEST
 PRACTICES; OR
   (10) VIOLATED ANY PROVISION OF THIS ARTICLE OR REGULATIONS PROMULGATED
 THEREUNDER.
   (c)  [Providers]  A  PROVIDER  of  health services shall [refrain from
 subsequently treating for remuneration, as a private patient, any person
 seeking medical treatment] NOT DEMAND OR REQUEST PAYMENT FOR ANY  HEALTH
 SERVICES  under  this article [if such provider pursuant to this section
 has been prohibited from demanding or requesting any payment for medical
 services under this article. An injured claimant so treated or  examined
 may  raise this as] OTHER THAN HEALTH SERVICES RENDERED IN THE EMERGENCY
 DEPARTMENT OF A GENERAL HOSPITAL,  AS  DEFINED  IN  SUBDIVISION  TEN  OF
 SECTION  TWO  THOUSAND  EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, THAT
 ARE RENDERED DURING THE TERM OF THE PROHIBITION ORDERED  BY  THE  SUPER-
 INTENDENT  PURSUANT  TO SUBSECTION (B) OF THIS SECTION.  THE PROHIBITION
 ORDERED BY THE SUPERINTENDENT MAY BE a defense in any action  by  [such]
 THE  provider  OF HEALTH SERVICES for payment for [treatment rendered at
 any time after such provider  has  been  prohibited  from  demanding  or
 requesting  payment  for  medical  services in connection with any claim
 under this article] SUCH HEALTH SERVICES.
   (d) THE CHAIR OF THE WORKERS' COMPENSATION  BOARD  SHALL  PROVIDE  THE
 SUPERINTENDENT  A  LIST OF THE NAMES OF ALL PROVIDERS OF HEALTH SERVICES
 WHICH, IN CONNECTION WITH ANY INVESTIGATION, HEARING, OR FINDINGS PURSU-
 ANT TO SECTION THIRTEEN-D OF THE WORKERS' COMPENSATION LAW, HAVE  VOLUN-
 TARILY RESIGNED OR ARE DISQUALIFIED FROM RENDERING HEALTH SERVICES UNDER
 THE  WORKERS' COMPENSATION LAW.  SUCH PROVIDERS OF HEALTH SERVICES SHALL
 NOT BE AUTHORIZED TO DEMAND OR REQUEST ANY PAYMENT FOR  HEALTH  SERVICES
 IN  CONNECTION  WITH  ANY  CLAIM  UNDER  THIS ARTICLE, OTHER THAN HEALTH
 SERVICES RENDERED IN THE EMERGENCY DEPARTMENT OF A GENERAL HOSPITAL,  AS
 DEFINED  IN SUBDIVISION TEN OF SECTION TWO THOUSAND EIGHT HUNDRED ONE OF
 THE PUBLIC HEALTH LAW, THAT ARE RENDERED DURING  THE  PERIOD  THAT  SUCH
 PROVIDERS  OF HEALTH SERVICES HAVE VOLUNTARILY RESIGNED OR ARE DISQUALI-
 FIED FROM RENDERING HEALTH SERVICES UNDER THE WORKERS' COMPENSATION LAW.
   (E) THE CHAIR OF THE WORKERS' COMPENSATION BOARD  SHALL  MAINTAIN  AND
 REGULARLY  UPDATE  A  DATABASE  CONTAINING A LIST OF PROVIDERS OF HEALTH
 SERVICES WHICH, IN CONNECTION WITH ANY INVESTIGATION, HEARING, OR  FIND-
 INGS  PURSUANT  TO  SECTION THIRTEEN-D OF THE WORKERS' COMPENSATION LAW,
 HAVE VOLUNTARILY RESIGNED OR  ARE  DISQUALIFIED  FROM  RENDERING  HEALTH

 S. 2508                            95                            A. 3008
 
 SERVICES UNDER THE WORKERS' COMPENSATION LAW, AND SHALL MAKE SUCH INFOR-
 MATION AVAILABLE TO THE PUBLIC.
   (F)  The  [commissioner  of  health and the commissioner of education]
 SUPERINTENDENT shall maintain [and regularly update] a database contain-
 ing a list of providers of health services prohibited  by  this  section
 from  demanding or requesting any payment for health services [connected
 to a claim] RENDERED under this article and shall make [such] THE infor-
 mation available to the public [by means of a website and by a toll free
 number].
   (G) THE SUPERINTENDENT MAY LEVY A CIVIL PENALTY  NOT  EXCEEDING  FIFTY
 THOUSAND DOLLARS ON ANY PROVIDER OF HEALTH SERVICES THAT THE SUPERINTEN-
 DENT  PROHIBITS FROM DEMANDING OR REQUESTING PAYMENT FOR HEALTH SERVICES
 PURSUANT TO SUBSECTION (B) OF THIS SECTION.  ANY CIVIL  PENALTY  IMPOSED
 UNDER  THIS  SECTION  THAT  IS BASED UPON THE COMMISSION OF A FRAUDULENT
 INSURANCE ACT, AS DEFINED IN SECTION 176.05 OF THE PENAL LAW,  SHALL  BE
 LEVIED  IN  ACCORDANCE WITH SUBSECTION (C) OF SECTION FOUR HUNDRED THREE
 OF THIS CHAPTER.
   [(e)] (H) Nothing in this section shall be construed  as  limiting  in
 any respect the powers and duties of the commissioner of health, commis-
 sioner  of  education,  THE CHAIR OF THE WORKERS' COMPENSATION BOARD, or
 the superintendent to investigate instances of misconduct by  a  [health
 care]  provider  [and,  after  a  hearing and upon written notice to the
 provider, to temporarily prohibit a provider of  health  services  under
 such  investigation from demanding or requesting any payment for medical
 services under this article for up to ninety days from the date of  such
 notice]  OF  HEALTH SERVICES AND TAKE APPROPRIATE ACTION PURSUANT TO ANY
 OTHER PROVISION OF LAW. A DETERMINATION OF THE  SUPERINTENDENT  PURSUANT
 TO  SUBSECTION (B) OF THIS SECTION SHALL NOT BE BINDING UPON THE COMMIS-
 SIONER OF HEALTH OR THE COMMISSIONER  OF  EDUCATION  IN  A  PROFESSIONAL
 DISCIPLINE PROCEEDING RELATING TO THE SAME CONDUCT.
   §  3.   The superintendent of financial services shall convene a motor
 vehicle insurance task force, to examine alternatives  to  the  no-fault
 insurance  system as well as other legislative or regulatory initiatives
 to reduce the cost of motor vehicle  insurance.  The  task  force  shall
 issue  a  report  to  the  governor on its recommendations no later than
 December 31, 2021.  The task force shall be chaired by  the  superinten-
 dent  of  financial  services  or  his or her designee, and the governor
 shall appoint eight (8) members comprised of  consumer  representatives,
 health  insurers,  trial  attorneys, healthcare providers, and insurers.
 The members of the task force shall receive no  compensation  for  their
 services,  but  shall  be  allowed  their  actual and necessary expenses
 incurred in the performance of their duties.
   § 4. This act shall take effect immediately;  provided,  however  that
 sections  one  and  two of this act shall take effect on the one hundred
 eightieth day after it shall have become a law.
 
                                  PART KK
 
   Section 1. Section 410 of the economic development law is REPEALED.
   § 2. Section 3102-b of the public authorities law,  as  renumbered  by
 chapter  291  of  the  laws of 1990, the opening paragraph as amended by
 chapter 616 of the laws of 1991, paragraph (a) of subdivision 1,  subdi-
 vision 3 and paragraph (a) of subdivision 6 as amended by chapter 191 of
 the  laws  of  2010, subdivisions 5 and 6 as added by chapter 828 of the
 laws of 1987, is amended to read as follows:

 S. 2508                            96                            A. 3008
 
   § 3102-b. Centers for  advanced  technology.  In  order  to  encourage
 greater  collaboration  between private industry and the universities of
 the state in the development and application of  new  technologies,  the
 [foundation] DEPARTMENT is authorized to designate for advanced technol-
 ogy  such  areas as integrated electronics, optics, biotechnology, tele-
 communications, automation and robotics, electronics packaging,  imaging
 technology  and  others  [identified by the foundation] as DETERMINED BY
 THE DEPARTMENT IN ACCORDANCE WITH THE  CRITERIA  SET  FORTH  IN  SECTION
 THREE  OF  PART   T   OF CHAPTER EIGHTY-FOUR OF THE LAWS OF TWO THOUSAND
 TWO, IN AREAS IDENTIFIED BY SUCH DEPARTMENT AS having significant poten-
 tial for economic growth in New York, or in which the application of new
 technologies could significantly enhance the productivity and  stability
 of  New  York  businesses. Such designations shall be made in accordance
 with the standards and criteria set forth in  subdivision  two  of  this
 section.  Centers  so  designated shall be eligible for support from the
 foundation in the manner provided  for  in  subdivision  three  of  this
 section, and for such additional support as may otherwise be provided by
 law.
   1. As used in this section:
   (a) "center for advanced technology" or "center" means a university or
 university-affiliated  research institute or a consortium of such insti-
 tutions, designated by the [foundation]  DEPARTMENT,  which  conducts  a
 continuing program of basic and applied research, development, and tech-
 nology  commercialization in one or more technological areas, in collab-
 oration with and through the support of private business  and  industry;
 and
   (b)  "applicant"  means a university or university-affiliated research
 institute or a consortium of such institutions which request designation
 as a center in accordance with such requirements as are  established  by
 the [foundation] DEPARTMENT for this purpose.
   (C) "DEPARTMENT" MEANS THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
   2. The [foundation] DEPARTMENT shall:
   (a)  identify  technological  areas for which centers should be desig-
 nated including technological areas that are related to industries  with
 significant  potential  for  economic growth and development in New York
 state and technological areas that are related  to  the  enhancement  of
 productivity in various industries located in New York state.
   (b) establish criteria that applicants must satisfy for designation as
 a center, including, but not limited to the following:
   (i)  an established record of research, development and instruction in
 the area or areas of technology involved;
   (ii) the capacity to conduct research and  development  activities  in
 collaboration with business and industry;
   (iii)  the  capacity  to  secure substantial private and other govern-
 mental funding for the proposed center, in amounts at least equal to the
 total of support sought from the state;
   (iv) the ability and willingness to cooperate with other  institutions
 in  the  state in conducting research and development activities, and in
 disseminating research results; and to work with technical and community
 colleges in the state to enhance the quality of technical  education  in
 the area or areas of technology involved;
   (v)  the  ability  and  willingness to cooperate with the [foundation]
 DEPARTMENT and other economic  development  agencies  in  promoting  the
 growth  and  development  in  New York state of industries based upon or
 benefiting from the area or areas of technology involved.

 S. 2508                            97                            A. 3008
 
   (c) establish such  requirements  as  it  deems  appropriate  for  the
 format,  content  and  filing of applications for designation as centers
 for advanced technology.
   (d)  establish  such procedures as it deems appropriate for the evalu-
 ation of applications for designation as centers for advanced  technolo-
 gy,  including  the  establishment  of  peer  review  panels composed of
 nationally recognized experts in the technological areas and  industries
 to which the application is related.
   (E) NOTWITHSTANDING THE CRITERIA SET FORTH IN THIS SUBDIVISION, OR ANY
 PROVISION OF LAW TO THE CONTRARY, THE UNIVERSITIES, UNIVERSITY-AFFILIAT-
 ED  RESEARCH  INSTITUTES OR A CONSORTIUM OF SUCH INSTITUTIONS DESIGNATED
 AS CENTERS OF EXCELLENCE UNDER SECTION FOUR HUNDRED TEN OF THE  ECONOMIC
 DEVELOPMENT  LAW   ON OR BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE
 LAWS OF TWO THOUSAND TWENTY-ONE  THAT  AMENDED  THIS  SECTION  SHALL  BE
 DESIGNATED AS CENTERS FOR ADVANCED TECHNOLOGY FOR A PERIOD OF TWO YEARS,
 DURING  WHICH  TIME  A COMPETITION WILL BE HELD TO AWARD TEN YEAR DESIG-
 NATIONS TO APPLICANTS DEEMED TO HAVE SIGNIFICANT ECONOMIC IMPACT  POTEN-
 TIAL. THE NUMBER OF AWARDS MADE AS A RESULT OF SUCH COMPETITION SHALL BE
 AT LEAST EQUAL TO THE NUMBER OF CENTERS OF EXCELLENCE. CENTERS OF EXCEL-
 LENCE  RECEIVING  A  TWO YEAR CENTER DESIGNATION SHALL INCLUDE:  BUFFALO
 CENTER OF EXCELLENCE  IN  BIOINFORMATICS  AND  LIFE  SCIENCES;  SYRACUSE
 CENTER  OF EXCELLENCE IN ENVIRONMENTAL AND ENERGY SYSTEMS; ALBANY CENTER
 OF EXCELLENCE IN NANOELECTRONICS; STONY BROOK CENTER  OF  EXCELLENCE  IN
 WIRELESS  AND INFORMATION TECHNOLOGY; BINGHAMTON CENTER OF EXCELLENCE IN
 SMALL SCALE SYSTEMS INTEGRATION AND PACKAGING;  STONY  BROOK  CENTER  OF
 EXCELLENCE  IN ADVANCED ENERGY RESEARCH; BUFFALO CENTER OF EXCELLENCE IN
 MATERIALS INFORMATICS; ROCHESTER CENTER  OF  EXCELLENCE  IN  SUSTAINABLE
 MANUFACTURING;  ROCHESTER  CENTER OF EXCELLENCE IN DATA SCIENCE; RENSSE-
 LAER POLYTECHNIC INSTITUTE CENTER OF EXCELLENCE IN DIGITAL GAME DEVELOP-
 MENT; ROCHESTER INSTITUTE OF TECHNOLOGY CENTER OF EXCELLENCE IN  DIGITAL
 GAME  DEVELOPMENT;  NEW  YORK UNIVERSITY CENTER OF EXCELLENCE IN DIGITAL
 GAME DEVELOPMENT; CORNELL UNIVERSITY CENTER OF EXCELLENCE  IN  FOOD  AND
 AGRICULTURE  INNOVATION;  ALBANY CENTER OF EXCELLENCE IN DATA SCIENCE IN
 ATMOSPHERIC  AND  ENVIRONMENTAL  PREDICTION  AND  INNOVATION;  NEW  YORK
 MEDICAL  COLLEGE  CENTER OF EXCELLENCE IN PRECISION RESPONSES TO BIOTER-
 RORISM AND DISASTER; AND CLARKSON - SUNY ESF  CENTER  OF  EXCELLENCE  IN
 HEALTHY WATER SOLUTIONS.
   3.  (a) From such funds as may be appropriated for this purpose by the
 legislature, the [foundation] DEPARTMENT may provide financial  support,
 through  contracts  or  other  means, to designated centers for advanced
 technology, in order to enhance and accelerate the development  of  such
 centers.    Funds  received pursuant to this subdivision may be used for
 purchase of equipment and fixtures, employment of  faculty  and  support
 staff, provision of graduate fellowships, and other purposes approved by
 the   [foundation]   DEPARTMENT,   but  may  not  be  used  for  capital
 construction. In each case, the  amount  provided  by  the  [foundation]
 DEPARTMENT  to  a center shall be matched by commitments of support from
 private and governmental other than state sources provided that:
   (i) funds or in-kind resources  provided  by  the  public  or  private
 university  of  which  the  center  is a part may be counted towards the
 match;
   (ii) such match shall not be required on a project-by-project basis;
   (iii) matching funds received from businesses with no  more  than  one
 hundred  employees shall count as double the actual dollar amount toward
 the center's overall match requirement;

 S. 2508                            98                            A. 3008
 
   (iv) funds used by the center for any workforce development activities
 required by the [foundation] DEPARTMENT shall not be included as part of
 the center's  award  when  determining  the  amount  of  matching  funds
 required by the [foundation] DEPARTMENT.  Such activities shall include,
 but  are  not  limited  to, helping incumbent workers expand their skill
 sets through short courses, seminars, and  workshops;  providing  indus-
 try-driven  research assistant opportunities for students, and aiding in
 the development of undergraduate and graduate courses  in  the  center's
 technology  focus  to  help ensure that students are trained to meet the
 needs of industry;
   (v) centers may use not more  then  twenty-five  percent  of  indirect
 costs towards any match requirements.
   (b)  (I)  The  [amount  provided  by  the  foundation shall be made in
 accordance with the following:
   (i) for the academic year in which it is first funded as a  designated
 center,  and  the  five  subsequent  years,  the] amount provided by the
 [foundation] DEPARTMENT to a center shall  be  matched  equally  by  the
 center[;
   (ii)  beginning in the sixth academic year following the academic year
 in which a center is first funded as a designated center  and  for  each
 academic  year  thereafter,  amounts provided by the foundation of up to
 seven hundred fifty thousand dollars shall be  matched  equally  by  the
 center,  amounts in excess of seven hundred fifty thousand dollars shall
 be matched by the center in amounts of at least the percentage set forth
 herein: in the sixth year, one hundred twenty percent;  in  the  seventh
 year,  one  hundred forty percent; in the eighth year, one hundred sixty
 percent; in the ninth year, one hundred eighty  percent;  in  the  tenth
 year and each year thereafter, two hundred percent;
   (iii) beginning in the ninth academic year following the academic year
 in which a center is first funded as a designated center, the foundation
 shall  evaluate  such  center's area of advanced technology to determine
 whether it has continued significant potential  for  enhancing  economic
 growth  in  New  York, or whether the application of technologies in the
 area could significantly enhance the productivity and stability  of  New
 York businesses;
   (iv) upon]. (II) UPON a finding by the [foundation] DEPARTMENT that an
 area  of  advanced  technology  has  continued significant potential for
 enhancing economic growth in New York, or that the application of  tech-
 nologies  in  the  area could significantly enhance the productivity and
 stability of New  York  businesses,  the  [foundation]  DEPARTMENT  will
 initiate  a  redesignation  process in accordance with the standards and
 criteria set forth in paragraph (b) of subdivision two and in accordance
 with paragraphs (c) and (d) of subdivision two of this section.
   [(1) In the event a new center is selected in the redesignation  proc-
 ess, the foundation shall provide funds to such new center in accordance
 with  the  funding match requirements set forth in subparagraphs (i) and
 (ii) of paragraph (a) of this subdivision.
   (2) In the event a previously designated center is redesignated in the
 same area of technology, which redesignation is effective for the  tenth
 academic  year following the first academic year of both designation and
 funding, then, in that year and in each year thereafter, the  foundation
 shall  provide funds of up to seven hundred fifty thousand dollars to be
 matched equally by the center, amounts in excess of seven hundred  fifty
 thousand  dollars  shall be matched by the center in amounts of at least
 two hundred percent.

 S. 2508                            99                            A. 3008

   (3)] (III) In the event a currently designated center is not  selected
 in  the  redesignation process for an additional term, or upon a finding
 by the [foundation] DEPARTMENT that the area of advanced technology does
 not have significant potential for  enhancing  economic  growth  in  New
 York,  or  upon  a  finding that the application of technologies in that
 area would not significantly enhance the productivity and  stability  of
 New  York  businesses,  then  the  [foundation] DEPARTMENT shall, in the
 tenth academic year following such center's first both  designation  and
 funding,  which year shall be the final year of funding for such center,
 provide an amount of up to five hundred thousand dollars.
   (c) Continued funding of the operations of each center shall be  based
 upon  a  showing  that: the center continues to comply with the criteria
 established by the [foundation] DEPARTMENT pursuant to paragraph (b)  of
 subdivision  two of this section; a demonstration of assistance to small
 businesses in New York state through research,  technology  transfer  or
 other  means  as  approved  by  the [foundation] DEPARTMENT; evidence of
 partnerships  with  other  appropriate  entities  to  develop   outreach
 networks and ensure that companies receive access to appropriate federal
 funding  for  technology  development  and  commercialization as well as
 non-research assistance such as general business consulting. Appropriate
 partners are those with which the  center  demonstrates  a  relationship
 that  enhances  and advances the center's ability to aid economic growth
 in New York state; and compliance with the rules, regulations and guide-
 lines of the [foundation] DEPARTMENT; and, compliance with any contracts
 between the [foundation] DEPARTMENT and the designated center.
   (d) Each center shall report on its  activities  to  the  [foundation]
 DEPARTMENT  in a manner and according to the schedule established by the
 [foundation] DEPARTMENT, and shall provide such  additional  information
 as  the  [foundation] DEPARTMENT may require provided, that quantifiable
 economic development impact measures are not restricted  to  any  period
 less  than five years and that centers provide a full description of all
 non-quantifiable measures.  The [foundation] DEPARTMENT  shall  evaluate
 center operations using methods such as site visits, reporting of speci-
 fied  information and peer review evaluations using experts in the field
 of technology in which  the  center  was  designated.  The  [foundation]
 DEPARTMENT  shall  notify  each center of the results of its evaluations
 and findings of deficiencies in the operation  of  such  center  or  its
 research,  education,  or  technology  commercialization  activities and
 shall work with such centers to remedy such findings.  If  such  factors
 are  not  remedied,  the  [foundation] DEPARTMENT may withdraw the state
 funding support, in whole or in part,  or  withdraw  the  center  desig-
 nation.
   (e)  In order to encourage that the results of center research benefit
 New York state, designation and continued funding of each  center  shall
 be  contingent  upon  each  center's  establishing  within its licensing
 guidelines the following: after  payment  of  the  inventor's  share,  a
 reduced  payment  due  to the university of any royalty, income or other
 consideration earned from the license or sale of  intellectual  property
 rights created or developed at, or through the use of, the facilities of
 the center by any person or entity if the manufacturing or use resulting
 from such intellectual property rights occurs within New York state. The
 [foundation] DEPARTMENT shall promulgate rules and regulations regarding
 the  provisions  of  the  licensing  guidelines described herein as they
 apply to such reduced payment, and such provisions shall be  subject  to
 the approval of the [foundation] DEPARTMENT.

 S. 2508                            100                           A. 3008
 
   4.  From  such  funds  as  may be appropriated for this purpose by the
 legislature, the [foundation] DEPARTMENT may provide grants to  any  one
 university or university-affiliated research institution for purposes of
 planning  and  program  development aimed at enabling such university or
 university-affiliated research institution to qualify for designation as
 a center. Such grants shall be awarded on a competitive basis, and shall
 be  available  only  to  those  applicants  which in the judgment of the
 [foundation] DEPARTMENT may reasonably be expected to be  designated  as
 centers. No applicant shall receive more than one such grant.
   5.  (a)  From  such  funds  as  may be appropriated for the purpose of
 incentive grants or other funds which may be available from the [founda-
 tion] DEPARTMENT to enhance center activities in areas of crucial inter-
 est in the state's economic development, the [foundation] DEPARTMENT may
 provide grants, on a competitive basis, to centers for projects  includ-
 ing, but not limited to, those which:
   (i)  explore  new  technologies  with commercial application conducted
 jointly by two or more centers or a center  and  non-center  university,
 college or community college;
   (ii)  are  aimed  at enhancing or accelerating the process of bringing
 new products, particularly those under development by  new  small  busi-
 nesses, to the marketplace; or
   (iii)  increase  technology  transfer projects with the state's mature
 manufacturing industries in applying technology in  their  manufacturing
 processes or for new product development.
   (b) State support for incentive grants may be matched on an individual
 basis  by  the  [foundation]  DEPARTMENT, which may consider the type of
 project and the availability of amounts  from  private,  university  and
 governmental, other than state, sources.
   6.  (a) The [foundation] DEPARTMENT shall make an annual report of the
 centers for advanced technology program to the governor and the legisla-
 ture not later than September first of  each  year.  Such  report  shall
 include,  but  not  be  limited  to,  the  results of the [foundation's]
 DEPARTMENT'S evaluation of each center, a description of the achievement
 of each center, any deficiencies in the operation of each center or  its
 research, education and technology commercialization activities, remedi-
 al  actions recommended by the [foundation] DEPARTMENT, remedial actions
 taken by each center, a description of  the  small  business  assistance
 provided  by  each  center, a description of any incentive grant program
 awarded a grant by the [foundation] DEPARTMENT and the  achievements  of
 such  program,  and  the  amount of financial assistance provided by the
 [foundation] DEPARTMENT and the level of matching funds provided by each
 center and the uses of such monies.
   (b) Annual reports shall include a discussion of any fields  of  tech-
 nology  that  the foundation has identified as having significant poten-
 tial for economic growth or improved productivity and stability  of  New
 York  businesses and in which no center for advanced technology has been
 designated and recommendations of  the  [foundation]  DEPARTMENT  as  to
 actions that should be taken.
   § 3. This act shall take effect immediately, provided, however section
 one of this act shall take effect April 1, 2023.

                                  PART LL
 
   Section  1. Paragraph (a) of subdivision 1 of section 9-x of the bank-
 ing law, as amended by section 1 of part C of chapter 126 of the laws of
 2020, is amended to read as follows:

 S. 2508                            101                           A. 3008
 
   (a) "Covered period" means March 7, 2020 until the LATER  OF  DECEMBER
 31,  2021  OR  THE  date  on which none of the provisions that closed or
 otherwise restricted public or private businesses or  places  of  public
 accommodation,  or  required postponement or cancellation of all non-es-
 sential  gatherings  of individuals of any size for any reason in Execu-
 tive Orders 202.3, 202.4, 202.5, 202.6, 202.7,  202.8,  202.10,  202.11,
 202.13  or 202.14, as extended by Executive Orders 202.28 and 202.31 and
 as further extended by any future Executive Order, issued in response to
 the COVID-19 pandemic continue to apply in the county of  the  qualified
 mortgagor's residence;
   § 2. This act shall take effect immediately.
 
                                  PART MM
 
   Section 1. This act enacts into law components of legislation relating
 to  eviction  and  foreclosure  protections  for  tenants  and owners of
 commercial real property. Each component is wholly  contained  within  a
 subpart  identified as Subparts A through B. The effective date for each
 particular provision contained within such Subpart is set forth  in  the
 last  section  of such Subpart.   Any provision in any section contained
 within a subpart, including the effective date  of  the  subpart,  which
 makes reference to a section "of this act", when used in connection with
 that  particular  component,  shall  be  deemed to mean and refer to the
 corresponding section of the subpart in which it is found.  Section five
 of this act sets forth the general effective date of this act.
   § 2. Short title. This act shall be known and  may  be  cited  as  the
 "COVID-19  Emergency Eviction and Foreclosure Prevention for Tenants and
 Owners of Commercial Real Property Act of 2021".
   § 3. Legislative intent. The Legislature finds and declares all of the
 following:
   1. On March 7, 2020, Governor Andrew Cuomo proclaimed a state of emer-
 gency in response to the Coronavirus disease (COVID-19) pandemic.  Meas-
 ures  necessary  to  contain  the  spread of COVID-19 have brought about
 widespread economic and societal disruption, placing the  state  of  New
 York in unprecedented circumstances.
   2.  COVID-19  presents  a  historic  threat  to  public health and the
 economic well-being of New Yorkers. Commercial tenants and real property
 owners are facing eviction  or  foreclosure  due  to  necessary  disease
 control  measures  that  reduced  businesses  revenue and triggered mass
 unemployment across the state.
   3. The pandemic has further interrupted court operations,  the  avail-
 ability  of counsel, the ability for parties to pay for counsel, and the
 ability to safely commute and enter a courtroom,  settlement  conference
 and the like.
   4.  A  temporary prohibition of evictions and foreclosures for commer-
 cial properties is to the mutual benefit of all  New  Yorkers  and  will
 help  the  state  address  the  financial  toll of the pandemic, protect
 public health, and set the stage for economic recovery.
   5. As such, a limited, temporary stay  is  necessary  to  protect  the
 public health, financial security, and morals of the people the Legisla-
 ture represents from the dangers of the COVID-emergency pandemic.
 
                                 SUBPART A
 
   Section 1. Definitions. For the purposes of this act:

 S. 2508                            102                           A. 3008
 
   1.  "Eviction  proceeding"  means  a  summary  proceeding  to  recover
 possession of real property relating to a commercial unit under the real
 property actions and proceedings law for nonpayment of rent or any other
 judicial proceeding to recover possession of  commercial  real  property
 for nonpayment of rent.
   2.  "Landlord"  includes  a  landlord,  owner of real property and any
 other person with a legal right to pursue eviction,  possessory  action,
 or  a  money  judgment for rent, including arrears, owed or that becomes
 due during the COVID-19 covered period, as defined in section 1 of chap-
 ter 127 of the laws of 2020.
   3. "Tenant" includes a commercial tenant, or any other person or enti-
 ty responsible for paying rent, use and occupancy, or any  other  finan-
 cial  obligation  under  a lease for real property or tenancy agreement,
 but does not include a residential tenant of a dwelling unit.
   4. "Hardship declaration" means the following statement, or a substan-
 tially  equivalent  statement  in  the  tenant's  primary  language,  in
 14-point  type, published by the office of court administration, whether
 in physical or electronic form, regarding the financial hardship of  the
 tenant and signed under the penalty of perjury by the tenant:
 "NOTICE  TO  COMMERCIAL TENANT: If you have lost income or had increased
 costs during the COVID-19 pandemic as described in this hardship  decla-
 ration  and you sign and deliver this hardship declaration to your land-
 lord, you cannot be evicted until at least May 1, 2021 for nonpayment of
 rent. You or your licensees may still  be  evicted  for  violating  your
 lease by persistently engaging in behavior that infringes on the use and
 enjoyment  of  other tenants or occupants or causes a substantial safety
 hazard to others. If your landlord has provided you with this form, your
 landlord must also provide you with a mailing address and email  address
 to  which you can return this form. If your landlord has already started
 an eviction proceeding against you, you can return this form  to  either
 your landlord, the court, or both at any time. You should keep a copy or
 a  picture  of  the signed form for your records. You will still owe any
 unpaid rent to your landlord. You should also keep careful track of what
 you have paid and any amount you still owe.
 COMMERCIAL TENANT'S DECLARATION OF HARDSHIP DURING THE COVID-19  PANDEM-
 IC:   I am a commercial tenant, lawful occupant, or other person respon-
 sible for paying rent, use and occupancy, or any other  financial  obli-
 gation  under  a  commercial  lease  or  commercial tenancy agreement at
 (address of commercial property).
   You must indicate below your qualification for eviction protection  by
 checking the appropriate box and signing the declaration:
 My  business  is  experiencing  financial  hardship  due to the COVID-19
 pandemic, I certify I have not received any federal, state or local  aid
 for  businesses  harmed  by  COVID-19, and I am unable to pay my rent or
 other financial obligations under the  lease  in  full  because  of  the
 following:

 ( )  My  business was subject to seating, occupancy or on-premises pres-
 ence limitations due to COVID-19 safety measures as required by New York
 State Executive Orders and the business suffered a significant  loss  of
 income  or  significant  increase in cost, the approximate percentage of
 which may be required to be provided or proved by documentation;
 ( ) My business has experienced a reduction  in  gross  receipts  by  at
 least  thirty-five  percent for any three-month term during the COVID-19
 coverage period that is comparable to a three-month term in 2019,  which
 may be required to be proved by documentation;

 S. 2508                            103                           A. 3008
 
 ( ) My business has experienced a net decrease in employment by at least
 thirty-five  percent for any three-month term during the COVID-19 cover-
 age period that is comparable to a three-month term in 2019,  which  may
 be required to be proved by documentation; or
 ( ) I attest that my business was in receipt of federal, state, or local
 aid  for  businesses financially harmed by COVID-19, however the amounts
 received _____ (fill in  amount)  was  insufficient  to  pay  fully  any
 arrears,  and  my  business still meets one or more of the criteria laid
 out above and I qualify for financial hardship under this section.
   I understand that I must comply with all other lawful terms  under  my
 tenancy,  lease agreement or similar contract. I further understand that
 lawful fees, penalties or interest for not having paid rent in  full  or
 met  other financial obligations as required by my tenancy, lease agree-
 ment or similar contract may still  be  charged  or  collected  and  may
 result  in  a monetary judgment against me. I further understand that my
 landlord may be able to seek eviction after May 1, 2021,  and  that  the
 law  may provide certain protections at that time that are separate from
 those available through this declaration.
 
 Signed:
 Printed name:
 Date signed:
 
 NOTICE: You are signing and submitting this form under penalty  of  law.
 That  means  it is against the law to make a statement on this form that
 you know is false."
   § 2. Notwithstanding any law to  the  contrary  no  commercial  tenant
 shall  be  removed  from  possession  prior to May 1, 2021, except by an
 eviction proceeding.
   § 3. Pending eviction proceedings. Any eviction proceeding pending  on
 the  effective date of this act, including eviction proceedings filed on
 or before March 7, 2020, or commenced within thirty days of  the  effec-
 tive  date  of  this act shall be stayed for at least thirty days, or to
 such later date that the chief administrative judge shall  determine  is
 necessary  to  ensure that courts are prepared to conduct proceedings in
 compliance with this act and to give tenants an  opportunity  to  submit
 the  hardship  declaration  pursuant to this act. The court in each case
 shall promptly issue an order directing such stay and promptly mail  the
 respondent a copy of the hardship declaration.
   §  4. Prohibition on initiation of eviction proceeding. If there is no
 pending eviction proceeding and a tenant provides a hardship declaration
 to the landlord or an agent of the landlord, there shall  be  no  initi-
 ation of an eviction proceeding against the tenant until at least May 1,
 2021,  and in such event any specific time limit for the commencement of
 an eviction proceeding shall be tolled until May 1, 2021.
   § 5. Required affidavit. 1. No court shall accept for filing any peti-
 tion or complaint or other filing to  commence  an  eviction  proceeding
 unless  the  petitioner or an agent of the petitioner or plaintiff files
 an affidavit of service, attesting to the service of both  the  eviction
 papers  and an unexecuted copy of the hardship declaration, and accompa-
 nied by an affidavit by petitioner or plaintiff that:
   a. at the time of filing, neither the petitioner or the plaintiff  nor
 any  agent of the petitioner or plaintiff has received a hardship decla-
 ration from the respondent or defendant, or
   b. the respondent or defendant has returned  a  hardship  declaration,
 but  the respondent or its licensees are persistently engaging in behav-

 S. 2508                            104                           A. 3008
 
 ior that infringes on the use and enjoyment of other  tenants  or  occu-
 pants  or  causes a substantial safety hazard to others, with a specific
 description of the behavior alleged.
   2.  Upon  accepting  a  petition  or complaint the attorney, judge, or
 clerk of the court, as the case may be, shall determine whether  a  copy
 of  the hardship declaration is annexed to the served notice of petition
 or summons and complaint and, if not, shall  ensure  that  the  hardship
 declaration  is  attached  to  such  notice  or summons. At the earliest
 possible opportunity, the court shall seek confirmation on the record or
 in writing from the respondent  or  defendant  that  the  respondent  or
 defendant  has received the hardship declaration and that the respondent
 or defendant has not submitted a hardship declaration to the  petitioner
 or plaintiff, an agent of the petitioner or plaintiff, or the court.
   §  6.  Pending  proceedings.  In  any  eviction proceeding in which an
 eviction warrant or judgment of possession or  ejectment  has  not  been
 issued, including eviction proceedings filed on or before March 7, 2020,
 if  the  tenant  provides  a  hardship  declaration to the petitioner or
 plaintiff, the court, or an agent of the petitioner or  the  court,  the
 eviction  proceeding shall be stayed until at least May 1, 2021. If such
 hardship declaration is provided to the petitioner or plaintiff or their
 agent, such petitioner or plaintiff or their agent shall  promptly  file
 it with the court, advising the court in writing the index number of all
 relevant cases.
   § 7. Sections two, three, four, and six of this act shall not apply if
 the  tenant  or its licensees are persistently engaging in behavior that
 infringes on the use and enjoyment of  other  tenants  or  occupants  or
 causes a substantial health or safety hazard to others.
   § 8. Translation of hardship declaration. The office of court adminis-
 tration  shall translate the hardship declaration, as defined in section
 one of this act, into Spanish and the six most common languages  in  the
 city of New York, after Spanish, and shall post and maintain such trans-
 lations  and an English language copy of the hardship declaration on the
 website of such office beginning within fifteen days  of  the  effective
 date  of this act. To the extent practicable, the office of court admin-
 istration shall post and maintain on its website translations into  such
 additional languages as the chief administrative judge shall deem appro-
 priate  to  ensure  that  tenants  have an opportunity to understand and
 submit hardship declarations pursuant to this act.
   § 9. If any clause, sentence, paragraph, section, or part of this  act
 shall  be  adjudged by any court of competent jurisdiction to be invalid
 and after exhaustion of all further judicial review, the judgment  shall
 not  affect,  impair  or  invalidate the remainder thereof, but shall be
 confined in its operation to the clause, sentence, paragraph, section or
 part of this act directly involved in the controversy in which the judg-
 ment shall have been rendered.
   § 10. This act shall take effect immediately and  sections  one,  two,
 three, four, five, six, seven, and eight of this act shall expire May 1,
 2021.
 
                                 SUBPART B

   Section  1.  This  subpart  enacts  into law components of legislation
 relating to mortgage foreclosures.
   § 2. Application. This act shall apply to any action  to  foreclose  a
 mortgage relating to a commercial or multi-family real property.

 S. 2508                            105                           A. 3008
 
   (a) For purposes of this act, real property shall not include residen-
 tial  real  property  that is subject to the COVID-19 Emergency Eviction
 and Foreclosure Prevention Act of 2020.
   (b) For purposes of this act, real property shall not include property
 that  has  not  been  maintained  or  has not been actively marketed for
 rental for a continuous period of six months before the submission of  a
 hardship declaration pursuant to this action.
   (c) Notwithstanding anything to the contrary, this act shall not apply
 to  and  does  not affect any mortgage loans made, insured, purchased or
 securitized by a corporate governmental agency of the state  constituted
 as a political subdivision and public benefit corporation, or the rights
 and  obligations  of  any  lender,  issuer, servicer, or trustee of such
 obligations.
   § 3. Definitions. For the purposes of this act, "Hardship Declaration"
 means the following statement, or a substantially similar statement,  in
 the  mortgagor's  primary  language,  in 14-point type, published by the
 office of court administration, whether in physical or  electronic  form
 and signed under the penalty of perjury stating the following:
 "NOTICE  TO  MORTGAGOR:  If  you have lost income or had increased costs
 during the COVID-19 pandemic as described in this  hardship  declaration
 and  you  sign  and  deliver  this hardship declaration to your mortgage
 lender, you cannot be foreclosed on until at least May 1, 2021.  You  or
 your  licensees may still be evicted for violating your lease by persis-
 tently engaging in behavior that infringes on the use and  enjoyment  of
 other  tenants  or  occupants  or  causes a substantial safety hazard to
 others.
 If your mortgage lender or other foreclosing party has provided you with
 this form, they must also provide you with a mailing address  and  email
 address  to  which  you can return this form. If your mortgage lender or
 other foreclosing party has already  started  a  foreclosure  proceeding
 against  you, you can return this form to either your mortgage lender or
 the foreclosing party, the court, or both at any time. You should keep a
 copy or a picture of the signed form for your records.  You  will  still
 owe  any  unpaid  mortgage  payments and lawful fees to your lender. You
 should also keep careful track of what you have paid and any amount  you
 still owe.
 COMMERCIAL  MORTGAGOR'S  DECLARATION  OF COVID-19 BUSINESS RELATED HARD-
 SHIP:  I am the mortgagor of the  property  at  (address  of  commercial
 business).  I am experiencing financial hardship and I have not received
 any federal, state, or local aid for businesses  financially  harmed  by
 COVID-19,  and  I am unable to pay my mortgage in full because of one or
 more of the following:
 
 ( ) One or more of my tenants have defaulted on a significant amount  of
 rent payments since March 1, 2020, which may be required to be proved by
 documentation;
 ( ) My tenant's business was subject to seating, occupancy or on-premis-
 es  presence  limitations due to COVID-19 safety measures as required by
 New York State Executive Orders and the business suffered a  significant
 loss  or  income or increase in cost which has resulted in the reduction
 of a significant amount of rent payments, which may be  required  to  be
 proved by documentation;
 ( )  I  have  suffered a significant reduction in revenue or increase in
 cost for any three-month period during  the  COVID-19  coverage  period,
 which may be required to be proved by documentation.

 S. 2508                            106                           A. 3008
 
 I  attest that if my business was in receipt of federal, state, or local
 aid for businesses financially harmed by COVID-19, that such  amount  of
 ________  (fill in amount), was insufficient to cover my mortgage and my
 business still meets the criteria laid  out  above  and  I  qualify  for
 financial  hardship  under this section. I understand that I must comply
 with all the other lawful terms under my mortgage agreement.  I  further
 understand  that  lawful fees, penalties or interest for not having paid
 my mortgage in full as required by my mortgage agreement  may  still  be
 charged or collected and may result in a monetary judgment against me. I
 also  understand  that my mortgage lender or other foreclosing party may
 pursue a foreclosure action against me on or after May 1, 2021, if I  do
 not fully repay any missed or partial payments and lawful fees.
 
 Signed:
 Printed name:
 Date signed:
 
 NOTICE:  You  are signing and submitting this form under penalty of law.
 That means it is against the law to make a statement on this  form  that
 you know is false."
   §  4. Any action to foreclose a mortgage pending on the effective date
 of this act, including actions filed on or  before  March  7,  2020,  or
 commenced  within thirty days of the effective date of this act shall be
 stayed for at least thirty days, or to such later date  that  the  chief
 administrative  judge shall determine is necessary to ensure that courts
 are prepared to conduct proceedings in compliance with this act  and  to
 give mortgagors an opportunity to submit the hardship declaration pursu-
 ant  to  this  act. The court in each case shall promptly issue an order
 directing such stay and promptly mail the mortgagor a copy of the  hard-
 ship declaration.
   § 5. If a mortgagor provides a hardship declaration to the foreclosing
 party or an agent of the foreclosing party, there shall be no initiation
 of  an  action  to  foreclose  a mortgage against the mortgagor until at
 least May 1, 2021, and in such event any specific  time  limit  for  the
 commencement  of an action to foreclose a mortgage shall be tolled until
 May 1, 2021.
   § 6. No court shall accept for filing any action to foreclose a  mort-
 gage  unless  the foreclosing party or an agent of the foreclosing party
 files an affidavit, of service demonstrating the service of  a  copy  of
 the  summons  and  complaint or notice of petition, along with an unexe-
 cuted copy of the hardship declaration; and an affidavit  by  the  peti-
 tioner  attesting  that  at  the time of filing, neither the foreclosing
 party nor any agent of the foreclosing party  has  received  a  hardship
 declaration  from  the  mortgagor. At the earliest possible opportunity,
 the court shall seek confirmation on the record or in writing  that  the
 mortgagor  has  received a copy of the hardship declaration and that the
 mortgagor has not returned the hardship declaration to  the  foreclosing
 party  or  an  agent of the foreclosing party. If the court determines a
 mortgagor has not received a hardship declaration, then the court  shall
 stay  the  proceeding for a reasonable period of time, which shall be no
 less than ten business days or any longer period  provided  by  law,  to
 ensure the mortgagor received and fully considered whether to submit the
 hardship declaration.
   § 7. In any action to foreclose a mortgage in which a judgment of sale
 has  been issued prior to the effective date of this act but has not yet
 been executed as of the effective date of this  act,  including  actions

 S. 2508                            107                           A. 3008
 
 filed  on or before March 7, 2020, the court shall stay the execution of
 the judgment at least until the court has held a status conference  with
 the  parties.    In any action to foreclose a mortgage, if the mortgagor
 provides  a hardship declaration to the foreclosing party, the court, or
 an agent of the foreclosing party or the court, prior to  the  execution
 of  the  judgment,  the  execution shall be stayed until at least May 1,
 2021. If such hardship declaration is provided to the foreclosing  party
 or agent of the foreclosing party, such foreclosing party or agent shall
 promptly file it with the court, advising the court in writing the index
 number of all relevant cases.
   §  8. If any clause, sentence, paragraph, section, or part of this act
 shall be adjudged by any court of competent jurisdiction to  be  invalid
 and  after exhaustion of all further judicial review, the judgment shall
 not affect, impair or invalidate the remainder  thereof,  but  shall  be
 confined in its operation to the clause, sentence, paragraph, section or
 part of this act directly involved in the controversy in which the judg-
 ment shall have been rendered.
   §  9.  This  act  shall take effect immediately and sections one, two,
 three, four, five, six and seven of this act shall expire May 1, 2021.
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  5.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Subparts A through B of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART NN
 
   Section  1. Section 1 of subpart H of part C of chapter 20 of the laws
 of 2015, appropriating money  for  certain  municipal  corporations  and
 school  districts,  as amended by section 1 of part AAA of chapter 59 of
 the laws of 2018, is amended to read as follows:
   Section 1. Contingent  upon  available  funding,  and  not  to  exceed
 [$69,000,000] $140,000,000 moneys from the urban development corporation
 shall be available for a local government entity, which for the purposes
 of  this  section  shall  mean  a  county,  city,  town, village, school
 district or special district, where (i) on or after June  25,  2015,  an
 electric generating facility located within such local government entity
 has  ceased operations, and (ii) the closing of such facility has caused
 a reduction in the real property tax collections or payments in lieu  of
 taxes of at least twenty percent owed by such electric generating facil-
 ity.  Such  moneys attributable to the cessation of operations, shall be
 paid annually on a first come, first served basis by the urban  develop-
 ment  corporation  to  such  local government entity within a reasonable
 time upon confirmation from  the  state  office  of  real  property  tax
 services  or  the  local  industrial  development  authority established
 pursuant to titles eleven and fifteen of article  eight  of  the  public
 authorities  law, or the local industrial development agency established
 pursuant to article eighteen-A of the general municipal  law  that  such
 cessation  has  resulted  in  a  reduction  in  the  real  property  tax

 S. 2508                            108                           A. 3008
 
 collections or payments in lieu of taxes, provided,  however,  that  the
 urban development corporation shall not provide assistance to such local
 government  entity  for  more than seven years, and shall award payments
 reflecting  the  loss  of revenues due to the cessation of operations as
 follows:
 
         Award Year                Maximum Potential Award
             1           no more than eighty percent of loss of revenues
             2           no more than seventy percent of loss of revenues
             3           no more than sixty percent of loss of revenues
             4           no more than fifty percent of loss of revenues
             5           no more than forty percent of loss of revenues
             6           no more than thirty percent of loss of revenues
             7           no more than twenty percent of loss of revenues
 
   A local government entity shall be eligible for only  one  payment  of
 funds hereunder per year.  A local government entity may seek assistance
 under  the electric generation facility cessation mitigation fund once a
 generator has submitted its notice to the federally designated  electric
 bulk  system  operator (BSO) serving the state of New York of its intent
 to retire the facility or of its intent to voluntarily remove the facil-
 ity from service subject to  any  return-to-service  provisions  of  any
 tariff,  and  that the facility also is ineligible to participate in the
 markets operated by the BSO. The date of submission of a  local  govern-
 ment  entity's  application  for assistance shall establish the order in
 which assistance is paid to program applicants, except that in no  event
 shall  assistance  be  paid to a local government entity until such time
 that an electric generating facility has retired or become ineligible to
 participate in the markets operated by the BSO.  For  purposes  of  this
 section,  any local government entity seeking assistance under the elec-
 tric generation facility cessation mitigation fund must submit an attes-
 tation to the department of public service that a facility is no  longer
 producing electricity and is no longer participating in markets operated
 by  the BSO. After receipt of such attestation, the department of public
 service shall confirm such information with the BSO. In  the  case  that
 the  BSO  confirms to the department of public service that the facility
 is no longer producing electricity and participating in markets operated
 by such BSO, it shall be deemed that the  electric  generating  facility
 located  within  the  local  government entity has ceased operation. The
 department of public service shall  provide  such  confirmation  to  the
 urban  development  corporation  upon  receipt. The determination of the
 amount of such annual payment shall be determined by  the  president  of
 the  urban  development corporation based on the amount of the differen-
 tial between the annual real property taxes  and  payments  in  lieu  of
 taxes  imposed  upon  the facility, exclusive of interest and penalties,
 during the last year of operations and the current real  property  taxes
 and  payments  in  lieu of taxes imposed upon the facility, exclusive of
 interest and penalties. The total amount awarded from this program shall
 not exceed [$69,000,000] $140,000,000.
   § 2. This act shall take effect immediately; provided,  however,  that
 the  amendments to section 1 of subpart H of part C of chapter 20 of the
 laws of 2015 made by section one of this act shall not affect the repeal
 of such subpart and shall be deemed repealed therewith.
 
                                  PART OO

 S. 2508                            109                           A. 3008
 
   Section 1. Section 5 of chapter 108 of the laws of 2020, amending  the
 public  service  law  relating to issuing a moratorium on utility termi-
 nation of services during periods of pandemics and/or state of  emergen-
 cies,  as  amended  by section 2 of part B of chapter 126 of the laws of
 2020, is amended to read as follows:
   §  5.  This  act shall take effect immediately [and shall expire March
 31, 2021 when upon such date the provisions of this act shall be  deemed
 repealed].
   §  2.  Subdivisions  6, 7, 8 and 9 of section 32 of the public service
 law, subdivision 6 as amended and subdivisions 7, 8 and 9  as  added  by
 chapter 108 of the laws of 2020, are amended to read as follows:
   6.  No  utility corporation or municipality shall terminate or discon-
 nect services to any residential customer OR A SMALL  BUSINESS  CUSTOMER
 WITH  TWENTY-FIVE  OR  FEWER  EMPLOYEES THAT IS NOT A (I)  PUBLICLY HELD
 COMPANY, OR A SUBSIDIARY THEREOF, (II) SEASONAL, SHORT-TERM,  OR  TEMPO-
 RARY CUSTOMER, (III)  HIGH ENERGY CUSTOMER AS DEFINED BY THE COMMISSION,
 OR  (IV)  CUSTOMER THAT THE UTILITY CAN DEMONSTRATE HAS THE RESOURCES TO
 PAY THE BILL, PROVIDED THAT THE  UTILITY  NOTIFIES  THE  SMALL  BUSINESS
 CUSTOMER  OF  ITS  REASONS  AND  OF THE CUSTOMER'S RIGHT TO CONTEST THIS
 DETERMINATION THROUGH THE COMMISSION'S  COMPLAINT  PROCEDURES,  for  the
 non-payment  of  an  overdue  charge  for  the duration of [the] A state
 disaster emergency declared pursuant  to  SECTION  TWENTY-EIGHT  OF  THE
 executive  [order  two  hundred two of two thousand twenty (herein after
 "the COVID-19 state of emergency")] LAW ISSUED IN RESPONSE TO  A  STATE,
 NATIONAL,  OR GLOBAL EVENT THAT IS DEEMED TO HAVE A SIGNIFICANT NEGATIVE
 AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC FUTURE, AND NOT  DUE  TO  A
 SHORT-TERM WEATHER-RELATED DISASTER EMERGENCY.
   Utility  corporations  and municipalities shall have a duty to restore
 service, to the extent not already required under this chapter,  to  any
 residential  customer  within forty-eight hours if such service has been
 terminated FOR NON-PAYMENT during the pendency of the  [COVID-19]  state
 [of] DISASTER emergency.
   7.  [For  a period of one hundred eighty days after the COVID-19 state
 of emergency is lifted or expires, no] NO utility corporation or munici-
 pality shall terminate or disconnect the service  of  a  residential  OR
 SMALL BUSINESS customer because of defaulted deferred payment agreements
 or  arrears  owed  to  the utility corporation or municipality when such
 customer has experienced a change in financial circumstances AS  DEFINED
 BY  THE  DEPARTMENT due to [the COVID-19] A state [of] DISASTER emergen-
 cy[, as defined by the department] AS SET FORTH IN  SUBDIVISION  SIX  OF
 THIS SECTION. The utility corporation or municipality shall provide such
 residential  OR SMALL BUSINESS customer with the right to enter into, or
 restructure, a deferred payment agreement without the requirement  of  a
 down  payment,  late fees, or penalties, as such is provided for in this
 article WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR  PENALTIES
 APPLICABLE  TO  ALL  ARREARS  INCURRED  DURING THE DURATION OF THE STATE
 DISASTER EMERGENCY.
   8. Every utility corporation or municipality shall provide  notice  to
 residential  AND  SMALL  BUSINESS customers, in a writing to be included
 with a bill statement or, when appropriate, via electronic  transmission
 the provisions of this section and shall further make reasonable efforts
 to contact customers who have demonstrated a change in financial circum-
 stances  due  to  [the  COVID-19] A state [of] DISASTER emergency AS SET
 FORTH IN SUBDIVISION SIX OF THIS SECTION for  the  purpose  of  offering
 such   customers  a  deferred  payment  agreement  consistent  with  the
 provisions of this article.

 S. 2508                            110                           A. 3008
 
   9. Implementation of the provisions of this section shall not prohibit
 a utility or municipality from  recovering  lost  or  deferred  revenues
 after  the lifting or expiration of [the COVID-19] A state [of] DISASTER
 emergency AS SET FORTH IN SUBDIVISION SIX OF THIS SECTION,  pursuant  to
 such  means  for  recovery  as  are provided for in this chapter, and by
 means not inconsistent with any of the provisions of this article. Noth-
 ing in this section shall prohibit a utility corporation or municipality
 from disconnecting service necessary to protect the health and safety of
 customers and the public.
   § 3. Subdivision 6 of section 32 of the public service law,  as  added
 by chapter 686 of the laws of 2002, is REPEALED.
   §  4.  Subdivisions 9, 10 and 11 of section 89-b of the public service
 law, as added by chapter 108 of the laws of 2020, are amended to read as
 follows:
   9. [For a period of one hundred eighty days after the  COVID-19  state
 of  emergency is lifted or expires, no] NO water-works corporation shall
 terminate or disconnect the service of a residential customer account OR
 THE ACCOUNT OF A SMALL  BUSINESS  CUSTOMER  WITH  TWENTY-FIVE  OR  FEWER
 EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THER-
 EOF,  (II) SEASONAL, SHORT-TERM, OR TEMPORARY CUSTOMER, (III) HIGH USAGE
 CUSTOMER AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT THE UTILITY
 CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE  BILL,  PROVIDED  THAT  THE
 UTILITY  NOTIFIES  THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE
 CUSTOMER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE  COMMISSION'S
 COMPLAINT  PROCEDURES,  because of defaulted deferred payment agreements
 or arrears owed to the water-works corporation when  such  customer  has
 experienced  a  change  in  financial  circumstances,  AS DEFINED BY THE
 DEPARTMENT, due to [the COVID-19] A state [of] DISASTER  emergency[,  as
 defined  by the department] DECLARED PURSUANT TO SECTION TWENTY-EIGHT OF
 THE EXECUTIVE LAW ISSUED IN RESPONSE TO A  STATE,  NATIONAL,  OR  GLOBAL
 EVENT THAT IS DEEMED TO HAVE A SIGNIFICANT NEGATIVE AND LONG-TERM IMPACT
 ON  THE  STATE'S  ECONOMIC  FUTURE.    The water-works corporation shall
 provide such residential OR SMALL BUSINESS customer with  the  right  to
 enter  into,  or  restructure,  a deferred payment agreement without the
 requirement of a down payment, late  fees,  or  penalties,  as  such  is
 provided  for  in  article  two of this chapter WITH SUCH PROHIBITION ON
 DOWN PAYMENTS,  LATE  FEES,  OR  PENALTIES  APPLICABLE  TO  ALL  ARREARS
 INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY.
   10.  Every  water-works  corporation  OR  SMALL BUSINESS shall provide
 notice to residential customers, in a writing to be included with a bill
 statement  or,  when  appropriate,  via  electronic  transmission,   the
 provisions  of this section and shall further make reasonable efforts to
 contact customers who have demonstrated a change  in  financial  circum-
 stances  due  to  [the  COVID-19] A state [of] DISASTER emergency AS SET
 FORTH IN SUBDIVISION NINE OF THIS SECTION for the  purpose  of  offering
 such   customers  a  deferred  payment  agreement  consistent  with  the
 provisions of this SECTION AND article TWO OF THIS CHAPTER.
   11. Implementation of the provisions of this section shall not prohib-
 it a water-works corporation from recovering lost or  deferred  revenues
 after  the  lifting  or expiration of the [COVID-19] state [of] DISASTER
 emergency AS SET FORTH IN SUBDIVISION NINE OF THIS SECTION, pursuant  to
 such  means  for  recovery  as  are provided for in this chapter, and by
 means not inconsistent with any of the provisions of this article. Noth-
 ing in this  section  shall  prohibit  a  water-works  corporation  from
 disconnecting  service  when  it  is necessary to protect the health and
 safety of customers and the public.

 S. 2508                            111                           A. 3008
 
   § 5. Section 89-l of the public service law, as added by  chapter  715
 of  the laws of 1931, subdivisions 3, 4, 5 and 6 as added by chapter 108
 of the laws of 2020, is amended to read as follows:
   § 89-l. Municipal  water systems. 1. For the purposes of this section,
 and for the purposes of any jurisdiction conferred by it upon the public
 service commission, a municipality is one which owns, maintains or oper-
 ates, or proposes to own, maintain or operate, a water system, or  which
 sells,  furnishes  or  distributes,  or  proposes  to  sell,  furnish or
 distribute, water for  domestic,  commercial  or  public  uses,  whether
 provided by its own system or the system of a water-works corporation or
 another  municipality.  As  so  limited, the term "municipality" for the
 purposes of  this  section,  means  a  city,  town,  village  or  public
 district;  and a "public district," as here used, is a district or other
 territorial division, whether incorporated or  not,  whose  affairs  are
 managed by any officer or officers, person or persons, elected by voters
 or taxpayers or appointed by a public officer or officers, and includes,
 without  excluding others, a water district, water supply district and a
 fire district. The other provisions of this chapter shall not  apply  to
 such  a municipality, nor to its said business of owning, maintaining or
 operating a water system  or  of  selling,  furnishing  or  distributing
 water,  except such provisions as are applied by this section by express
 reference. The jurisdiction  of  the  public  service  commission,  with
 respect  to  such a municipality or its said business, is that, and only
 that, provided for in this section.
   2. Each such municipality shall file with the public  service  commis-
 sion  a  copy of the annual report of its division, bureau or department
 of water.
   3. No municipality shall terminate or discontinue residential  service
 OR  SERVICE TO A SMALL BUSINESS WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT
 IS NOT A (I) PUBLICLY  HELD  COMPANY,  OR  A  SUBSIDIARY  THEREOF,  (II)
 SEASONAL,  SHORT-TERM,  OR TEMPORARY CUSTOMER, (III) HIGH USAGE CUSTOMER
 AS DEFINED BY THE COMMISSION, OR (IV)  CUSTOMER  THAT  THE  UTILITY  CAN
 DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE UTILITY
 NOTIFIES  THE  SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOM-
 ER'S RIGHT  TO  CONTEST  THIS  DETERMINATION  THROUGH  THE  COMMISSION'S
 COMPLAINT  PROCEDURES,  for  the nonpayment of bills, taxes, or fees for
 the duration of [the] A state disaster emergency  declared  pursuant  to
 [executive order two hundred two of two thousand twenty (hereinafter the
 "COVID-19  state  of  emergency")] SECTION TWENTY-EIGHT OF THE EXECUTIVE
 LAW IN RESPONSE TO A STATE, NATIONAL, OR GLOBAL EVENT THAT IS DEEMED  TO
 HAVE A SIGNIFICANT NEGATIVE AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC
 FUTURE.   Every municipality shall have a duty to restore service to any
 residential customer within forty-eight hours of the effective  date  of
 this  subdivision  if  such  service has been terminated FOR NON-PAYMENT
 during the pendency of [the COVID-19] A state [of] DISASTER emergency.
   4. [For a period of one hundred eighty days after the  COVID-19  state
 of  emergency  is lifted or expires, no] NO municipality shall terminate
 or discontinue the service of a residential OR SMALL  BUSINESS  customer
 because  of  bill  arrears, taxes, or fees owed to the municipality when
 such customer has experienced a change in  financial  circumstances,  AS
 DEFINED  BY  THE DEPARTMENT, due to [the COVID-19] A state [of] DISASTER
 emergency[, as defined by the department] AS SET  FORTH  IN  SUBDIVISION
 THREE  OF THIS SECTION.  The municipality shall provide a residential OR
 SMALL BUSINESS service customer that has experienced a change in  finan-
 cial  circumstances  due to the [COVID-19] state [of] DISASTER emergency
 with the right to enter into, or restructure, a deferred payment  agree-

 S. 2508                            112                           A. 3008
 
 ment without the requirement of a down payment, late fees, or penalties,
 as such is provided for in article two of this chapter, WITH SUCH PROHI-
 BITION  ON  DOWN  PAYMENTS,  LATE  FEES,  OR PENALTIES APPLICABLE TO ALL
 ARREARS INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY.
   5.  Every  municipality  shall provide notice to residential AND SMALL
 BUSINESS customers in a writing to be included with a bill statement or,
 when appropriate, via electronic transmission  the  provisions  of  this
 section  and  shall further make reasonable efforts to contact customers
 who have demonstrated a change in financial  circumstances  due  to  the
 [COVID-19]  state  [of]  DISASTER  emergency AS SET FORTH IN SUBDIVISION
 THREE OF THIS SECTION for the  purpose  of  offering  such  customers  a
 deferred  payment  agreement  consistent  with  the  provisions  of this
 SECTION AND article TWO OF THIS CHAPTER.
   6. Implementation of the provisions of this section shall not prohibit
 a municipality from recovering lost or deferred revenues after the lift-
 ing or expiry  of  [the  COVID-19]  A  state  [of]  DISASTER  emergency,
 provided  that  such  means  are not inconsistent with the provisions of
 this article. Nothing in this section shall prohibit a municipality from
 disconnecting service when it is necessary to  protect  the  health  and
 safety of customers and the public.
   7.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 FOR THE PURPOSES OF SUBDIVISIONS THREE,  FOUR,  FIVE  AND  SIX  OF  THIS
 SECTION,  A  "MUNICIPALITY"  SHALL ALSO INCLUDE A PUBLIC WATER AUTHORITY
 ESTABLISHED PURSUANT TO ARTICLE FIVE  OF  THE  PUBLIC  AUTHORITIES  LAW.
 EVERY  MUNICIPALITY  SHALL BE SUBJECT TO THE JURISDICTION OF THE COMMIS-
 SION FOR THE PURPOSES OF ENFORCING THE PROVISIONS OF SUBDIVISIONS THREE,
 FOUR, FIVE AND SIX OF THIS SECTION  PURSUANT  TO  SECTIONS  TWENTY-FOUR,
 TWENTY-FIVE AND TWENTY-SIX OF THIS CHAPTER.
   § 6. Subdivisions 9, 10, 11 and 12 of section 91 of the public service
 law,  subdivisions  9,  10  and  12 as amended by section 1 of part B of
 chapter 126 of the laws of 2020, subdivision 11 as added by chapter  108
 of the laws of 2020, are amended to read as follows:
   9. No telephone corporation shall terminate or disconnect ANY SERVICES
 PROVIDED  BY  ITS  INFRASTRUCTURE TO a residential service customer OR A
 SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS  NOT
 A  (I)    PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (II) SEASONAL,
 SHORT-TERM, OR TEMPORARY CUSTOMER, (III)  HIGH USAGE CUSTOMER AS DEFINED
 BY THE COMMISSION, OR (IV)  CUSTOMER THAT THE  UTILITY  CAN  DEMONSTRATE
 HAS  THE  RESOURCES  TO PAY THE BILL, PROVIDED THAT THE UTILITY NOTIFIES
 THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE  CUSTOMER'S  RIGHT
 TO  CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCE-
 DURES, for the non-payment of an overdue  charge  for  the  duration  of
 [the]  A  state  disaster emergency declared pursuant to SECTION TWENTY-
 EIGHT OF THE executive [order two hundred two  of  two  thousand  twenty
 (hereinafter  "the  COVID-19  state of emergency")] LAW IN RESPONSE TO A
 STATE, NATIONAL OR GLOBAL EVENT THAT IS DEEMED  TO  HAVE  A  SIGNIFICANT
 NEGATIVE  AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC FUTURE. Telephone
 corporations shall have a duty to restore service,  to  the  extent  not
 already  required  under this chapter, at the request of any residential
 OR SMALL BUSINESS customer within forty-eight hours if such service  has
 been  terminated during the pendency of the [COVID-19] state [of] DISAS-
 TER emergency and disconnection of such service was due  to  non-payment
 of an overdue charge.
   10.  [For a period of one hundred eighty days after the COVID-19 state
 of emergency is lifted or expires, no] NO  telephone  corporation  shall
 terminate  or  disconnect  [the  service]  ANY  SERVICES PROVIDED BY ITS

 S. 2508                            113                           A. 3008
 
 INFRASTRUCTURE of a  residential  OR  SMALL  BUSINESS  customer  account
 because of defaulted deferred payment agreements or arrears then owed to
 the telephone corporation when such customer has experienced a change in
 financial  circumstances  AS  DEFINED  BY  THE  DEPARTMENT,  due to [the
 COVID-19] A state [of] DISASTER emergency[, as defined  by  the  depart-
 ment]  AS  SET FORTH IN SUBDIVISION NINE OF THIS SECTION.  The telephone
 corporation shall provide such residential OR  SMALL  BUSINESS  customer
 with  the right to enter into, or restructure, a deferred payment agree-
 ment without the requirement of a down payment, late fees, or penalties,
 WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES APPLICA-
 BLE TO ALL ARREARS INCURRED DURING THE DURATION OF  THE  STATE  DISASTER
 EMERGENCY.
   11.  Every  telephone  corporation shall provide notice to residential
 customers, AND TO THOSE SMALL BUSINESS CUSTOMERS SET FORTH  IN  SUBDIVI-
 SION  NINE  OF  THIS  SECTION,  in  a writing to be included with a bill
 statement  or,  when  appropriate,  via  electronic   transmission   the
 provisions  of this section and shall further make reasonable efforts to
 contact customers who have demonstrated a change  in  financial  circum-
 stances  due  to  [the  COVID-19] A state [of] DISASTER emergency AS SET
 FORTH IN SUBDIVISION NINE OF THIS SECTION for the  purpose  of  offering
 such   customers  a  deferred  payment  agreement  consistent  with  the
 provisions of this SECTION AND article TWO OF THIS CHAPTER.
   12. Implementation of the provisions of this section shall not prohib-
 it a telephone corporation from recovering  lost  or  deferred  revenues
 after  the lifting or expiration of [the COVID-19] A state [of] DISASTER
 emergency AS SET FORTH IN SUBDIVISION NINE OF THIS SECTION, pursuant  to
 such  means  for  recovery  as  are provided for in this chapter, and by
 means not inconsistent with any of the provisions of this article. Noth-
 ing in this section shall prohibit a telephone corporation from  discon-
 necting  service  at the request of a customer.  Nothing in this section
 shall prohibit a telephone corporation from disconnecting  service  when
 it  is  necessary  to protect the health and safety of customers and the
 public.
   § 7. Section 216 of the public service law is amended by  adding  five
 new subdivisions 6, 7, 8, 9 and 10 to read as follows:
   6.  NO CABLE TELEVISION COMPANY SHALL TERMINATE OR DISCONNECT SERVICES
 PROVIDED OVER THEIR INFRASTRUCTURE TO A RESIDENTIAL SERVICE CUSTOMER  OR
 A  SMALL  BUSINESS  CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS
 NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (II) SEASONAL,
 SHORT-TERM, OR TEMPORARY CUSTOMER, OR  (III)  CUSTOMER  THAT  THE  CABLE
 TELEVISION  COMPANY  CAN  DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL,
 PROVIDED THAT THE CABLE TELEVISION COMPANY NOTIFIES THE  SMALL  BUSINESS
 CUSTOMER  OF  ITS  REASONS  AND  OF THE CUSTOMER'S RIGHT TO CONTEST THIS
 DETERMINATION THROUGH THE COMMISSION'S  COMPLAINT  PROCEDURES,  FOR  THE
 NON-PAYMENT  OF  AN  OVERDUE CHARGE FOR THE DURATION OF A STATE DISASTER
 EMERGENCY DECLARED PURSUANT TO AN EXECUTIVE ORDER ISSUED IN RESPONSE  TO
 A STATE, NATIONAL, OR GLOBAL EVENT THAT IS DEEMED TO RESULT IN A SIGNIF-
 ICANT  NEGATIVE  AND  LONG-TERM  IMPACT  ON THE STATE'S ECONOMIC FUTURE.
 CABLE TELEVISION COMPANIES SHALL HAVE A DUTY TO RESTORE SERVICE, TO  THE
 EXTENT  NOT  ALREADY  REQUIRED UNDER THIS CHAPTER, AT THE REQUEST OF ANY
 RESIDENTIAL OR SMALL BUSINESS CUSTOMER WITHIN FORTY-EIGHT HOURS IF  SUCH
 SERVICE  HAS  BEEN  TERMINATED DURING THE PENDENCY OF THE STATE DISASTER
 EMERGENCY AND DISCONNECTION OF SUCH SERVICE WAS DUE TO NON-PAYMENT OF AN
 OVERDUE CHARGE.
   7. NO CABLE TELEVISION COMPANY SHALL TERMINATE OR DISCONNECT  SERVICES
 PROVIDED  OVER  THEIR  INFRASTRUCTURE OF A RESIDENTIAL OR SMALL BUSINESS

 S. 2508                            114                           A. 3008
 
 CUSTOMER ACCOUNT BECAUSE OF DEFAULTED  DEFERRED  PAYMENT  AGREEMENTS  OR
 ARREARS THEN OWED TO THE CABLE TELEVISION COMPANY WHEN SUCH CUSTOMER HAS
 EXPERIENCED  A  CHANGE  IN  FINANCIAL  CIRCUMSTANCES,  AS DEFINED BY THE
 DEPARTMENT,  DUE  TO A STATE DISASTER EMERGENCY AS SET FORTH IN SUBDIVI-
 SION SIX OF THIS SECTION. THE CABLE  TELEVISION  COMPANY  SHALL  PROVIDE
 SUCH  RESIDENTIAL  OR  SMALL  BUSINESS  CUSTOMER WITH THE RIGHT TO ENTER
 INTO, OR RESTRUCTURE, A DEFERRED PAYMENT AGREEMENT WITHOUT THE  REQUIRE-
 MENT  OF  A DOWN PAYMENT, LATE FEES, OR PENALTIES, WITH SUCH PROHIBITION
 ON DOWN PAYMENTS, LATE FEES, OR  PENALTIES  APPLICABLE  TO  ALL  ARREARS
 INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY.
   8.  EVERY CABLE TELEVISION COMPANY SHALL PROVIDE NOTICE TO RESIDENTIAL
 OR SMALL BUSINESS CUSTOMERS IN A WRITING TO  BE  INCLUDED  WITH  A  BILL
 STATEMENT   OR,   WHEN  APPROPRIATE,  VIA  ELECTRONIC  TRANSMISSION  THE
 PROVISIONS OF THIS SECTION AND SHALL FURTHER MAKE REASONABLE EFFORTS  TO
 CONTACT  CUSTOMERS  WHO  HAVE DEMONSTRATED A CHANGE IN FINANCIAL CIRCUM-
 STANCES DUE TO A STATE DISASTER EMERGENCY AS SET  FORTH  IN  SUBDIVISION
 SIX  OF  THIS  SECTION  FOR  THE  PURPOSE  OF  OFFERING SUCH CUSTOMERS A
 DEFERRED PAYMENT  AGREEMENT  CONSISTENT  WITH  THE  PROVISIONS  OF  THIS
 SECTION AND ARTICLE TWO OF THIS CHAPTER.
   9. IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT
 A  CABLE  TELEVISION  COMPANY  FROM RECOVERING LOST OR DEFERRED REVENUES
 AFTER THE LIFTING OR EXPIRATION OF A STATE  DISASTER  EMERGENCY  AS  SET
 FORTH  IN  SUBDIVISION  SIX  OF THIS SECTION, PURSUANT TO SUCH MEANS FOR
 RECOVERY AS ARE PROVIDED FOR IN THIS CHAPTER, AND BY  MEANS  NOT  INCON-
 SISTENT  WITH  ANY  OF  THE  PROVISIONS OF THIS ARTICLE. NOTHING IN THIS
 SECTION SHALL PROHIBIT A CABLE  TELEVISION  COMPANY  FROM  DISCONNECTING
 SERVICE  AT  THE  REQUEST  OF  A CUSTOMER. NOTHING IN THIS SECTION SHALL
 PROHIBIT A CABLE TELEVISION COMPANY FROM DISCONNECTING SERVICE  WHEN  IT
 IS  NECESSARY  TO  PROTECT  THE  HEALTH  AND SAFETY OF CUSTOMERS AND THE
 PUBLIC.
   10. EVERY CABLE TELEVISION COMPANY SHALL BE SUBJECT TO  THE  JURISDIC-
 TION  OF  THE COMMISSION FOR THE PURPOSES OF ENFORCING THE PROVISIONS OF
 SUBDIVISIONS SIX, SEVEN, EIGHT AND NINE  OF  THIS  SECTION  PURSUANT  TO
 SECTIONS  TWENTY-FOUR,  TWENTY-FIVE  AND TWENTY-SIX OF THIS CHAPTER, AND
 ANY OTHER APPLICABLE PROVISION OF THIS CHAPTER.
   § 8. Subdivision 1 of section 1020-s of the public authorities law, as
 amended by chapter 415 of the laws  of  2017,  is  amended  to  read  as
 follows:
   1.  The  rates,  services  and  practices  relating to the electricity
 generated by facilities owned or operated by the authority shall not  be
 subject to the provisions of the public service law or to regulation by,
 or  the  jurisdiction  of,  the public service commission, except to the
 extent (a) article seven of the public service law applies to the siting
 and operation of a major utility transmission facility as defined there-
 in, (b) article ten of such law applies to the siting  of  a  generating
 facility as defined therein, (c) section eighteen-a of such law provides
 for  assessment  for  certain  costs, property or operations, (d) to the
 extent that the department of public service reviews and makes recommen-
 dations with respect to the operations and provision of services of, and
 rates and budgets established by,  the  authority  pursuant  to  section
 three-b  of  such law, [and] (e) that section seventy-four of the public
 service law applies to  qualified  energy  storage  systems  within  the
 authority's  jurisdiction,  AND (F) SUBDIVISIONS SIX, SEVEN, EIGHT, NINE
 AND TEN OF SECTION THIRTY-TWO OF THE PUBLIC SERVICE LAW.
   § 9. The general business law is amended by adding a new section  399-
 zzzzz, to read as follows:

 S. 2508                            115                           A. 3008

   §  399-ZZZZZ. PROHIBITION OF CERTAIN BROADBAND TERMINATIONS OR DISCON-
 NECTIONS. 1. FOR THE PURPOSES  OF  THIS  SECTION,  THE  TERM  "BROADBAND
 SERVICE" SHALL MEAN A MASS-MARKET RETAIL SERVICE THAT PROVIDES THE CAPA-
 BILITY  TO  TRANSMIT  DATA TO AND RECEIVE DATA FROM ALL OR SUBSTANTIALLY
 ALL  INTERNET  ENDPOINTS, INCLUDING ANY CAPABILITIES THAT ARE INCIDENTAL
 TO AND ENABLE THE OPERATION OF THE  COMMUNICATIONS  SERVICE,  AND  SHALL
 INCLUDE  SERVICE PROVIDED BY COMMERCIAL MOBILE TELEPHONE SERVICE PROVID-
 ERS, BUT SHALL NOT INCLUDE DIAL-UP SERVICE.
   2. NO PERSON, BUSINESS, CORPORATION,  OR  THEIR  AGENTS  PROVIDING  OR
 SEEKING  TO  PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL TERMINATE
 OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUCTURE TO A  RESIDEN-
 TIAL  SERVICE  CUSTOMER OR A SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR
 FEWER EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY
 THEREOF, (II) SEASONAL, SHORT-TERM,  OR  TEMPORARY  CUSTOMER,  OR  (III)
 CUSTOMER  THAT  THE  BROADBAND  SERVICE PROVIDER CAN DEMONSTRATE HAS THE
 RESOURCES TO PAY THE BILL, PROVIDED THAT THE BROADBAND SERVICE  PROVIDER
 NOTIFIES  THE  SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOM-
 ER'S RIGHT  TO  CONTEST  THIS  DETERMINATION  THROUGH  THE  COMMISSION'S
 COMPLAINT  PROCEDURES,  FOR THE NON-PAYMENT OF AN OVERDUE CHARGE FOR THE
 DURATION OF A STATE DISASTER  EMERGENCY  DECLARED  PURSUANT  TO  SECTION
 TWENTY-EIGHT  OF  THE EXECUTIVE LAW IN RESPONSE TO A STATE, NATIONAL, OR
 GLOBAL EVENT THAT IS DEEMED TO RESULT  IN  A  SIGNIFICANT  NEGATIVE  AND
 LONG-TERM  IMPACT  ON THE STATE'S ECONOMIC FUTURE. SUCH PERSONS OR ENTI-
 TIES SHALL HAVE A DUTY TO RESTORE SERVICE, TO  THE  EXTENT  NOT  ALREADY
 REQUIRED,  AT  THE REQUEST OF ANY RESIDENTIAL OR SMALL BUSINESS CUSTOMER
 WITHIN FORTY-EIGHT HOURS IF SUCH SERVICE HAS BEEN TERMINATED DURING  THE
 PENDENCY  OF  THE  STATE  DISASTER  EMERGENCY  AND DISCONNECTION OF SUCH
 SERVICE WAS DUE TO NON-PAYMENT OF AN OVERDUE CHARGE.
   3. NO PERSON, BUSINESS, CORPORATION,  OR  THEIR  AGENTS  PROVIDING  OR
 SEEKING  TO  PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL TERMINATE
 OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUCTURE TO A  RESIDEN-
 TIAL  OR  SMALL  BUSINESS CUSTOMER ACCOUNT BECAUSE OF DEFAULTED DEFERRED
 PAYMENT AGREEMENTS OR ARREARS THEN OWED TO SUCH PERSONS OR ENTITIES WHEN
 SUCH CUSTOMER HAS EXPERIENCED A CHANGE IN FINANCIAL CIRCUMSTANCES DUE TO
 A STATE DISASTER EMERGENCY AS SET  FORTH  IN  SUBDIVISION  TWO  OF  THIS
 SECTION. THE PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR
 SEEKING  TO  PROVIDE  BROADBAND  SERVICE IN NEW YORK STATE SHALL PROVIDE
 SUCH RESIDENTIAL OR SMALL BUSINESS CUSTOMER  WITH  THE  RIGHT  TO  ENTER
 INTO,  OR  RESTRUCTURE, A DEFERRED PAYMENT AGREEMENT CONSISTENT WITH THE
 PROVISIONS OF ARTICLE TWO OF THE PUBLIC SERVICE LAW WITHOUT THE REQUIRE-
 MENT OF A DOWN PAYMENT, LATE FEES, OR PENALTIES, WITH  SUCH  PROHIBITION
 ON  DOWN  PAYMENTS,  LATE  FEES,  OR PENALTIES APPLICABLE TO ALL ARREARS
 INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY.
   4. EVERY PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS  PROVIDING  OR
 SEEKING  TO  PROVIDE  BROADBAND  SERVICE IN NEW YORK STATE SHALL PROVIDE
 NOTICE TO RESIDENTIAL OR SMALL BUSINESS CUSTOMERS IN  A  WRITING  TO  BE
 INCLUDED  WITH  A  BILL  STATEMENT  OR, WHEN APPROPRIATE, VIA ELECTRONIC
 TRANSMISSION THE PROVISIONS OF  THIS  SECTION  AND  SHALL  FURTHER  MAKE
 REASONABLE  EFFORTS  TO CONTACT CUSTOMERS WHO HAVE DEMONSTRATED A CHANGE
 IN FINANCIAL CIRCUMSTANCES DUE TO A  STATE  DISASTER  EMERGENCY  AS  SET
 FORTH  IN  SUBDIVISION  TWO  OF THIS SECTION FOR THE PURPOSE OF OFFERING
 SUCH  CUSTOMERS  A  DEFERRED  PAYMENT  AGREEMENT  CONSISTENT  WITH   THE
 PROVISIONS OF ARTICLE TWO OF THE PUBLIC SERVICE LAW.
   5. IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT
 A PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO
 PROVIDE  BROADBAND  SERVICE  IN  NEW  YORK STATE FROM RECOVERING LOST OR

 S. 2508                            116                           A. 3008
 
 DEFERRED REVENUES AFTER THE LIFTING OR EXPIRATION OF  A  STATE  DISASTER
 EMERGENCY  AS  SET FORTH IN SUBDIVISION TWO OF THIS SECTION, PURSUANT TO
 SUCH MEANS FOR RECOVERY BY  MEANS  NOT  INCONSISTENT  WITH  ANY  OF  THE
 PROVISIONS  OF  THIS  SECTION.  NOTHING IN THIS SECTION SHALL PROHIBIT A
 PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR  SEEKING  TO
 PROVIDE  BROADBAND  SERVICE IN NEW YORK STATE FROM DISCONNECTING SERVICE
 AT THE REQUEST OF A CUSTOMER. NOTHING IN THIS SECTION SHALL  PROHIBIT  A
 PERSON,  BUSINESS,  CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO
 PROVIDE BROADBAND SERVICE IN NEW YORK STATE FROM  DISCONNECTING  SERVICE
 WHEN  IT  IS NECESSARY TO PROTECT THE HEALTH AND SAFETY OF CUSTOMERS AND
 THE PUBLIC.
   6. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
 PROCEEDING  TO  ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
 NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF  SUCH
 VIOLATION;  AND  IF  IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
 JUSTICE THAT THE DEFENDANT HAS,  IN  FACT,  VIOLATED  THIS  SECTION,  AN
 INJUNCTION  MAY  BE  ISSUED  BY  THE  COURT  OR  JUSTICE,  ENJOINING AND
 RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT  REQUIRING  PROOF  THAT  ANY
 PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
 PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
 PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
 TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
 SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE
 THAN  ONE  THOUSAND  DOLLARS  PER VIOLATION. IN CONNECTION WITH ANY SUCH
 PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO  TAKE  PROOF
 AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   §  10. This act shall take effect immediately; provided, however, that
 this act shall be applicable to relevant executive orders issued  on  or
 after the effective date of this act.
 
                                  PART PP
 
   Section  1.  The  general  obligations  law is amended by adding a new
 article 18-C to read as follows:
                               ARTICLE 18-C
                           LIBOR DISCONTINUANCE
 SECTION 18-400. DEFINITIONS.
         18-401. EFFECT OF LIBOR DISCONTINUANCE ON AGREEMENTS.
         18-402. CONTINUITY OF CONTRACT AND SAFE HARBOR.
         18-403. SEVERABILITY.
   § 18-400. DEFINITIONS. AS USED IN THIS  ARTICLE  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "LIBOR" SHALL MEAN, FOR PURPOSES OF THE APPLICATION OF THIS ARTICLE
 TO  ANY  PARTICULAR  CONTRACT, SECURITY OR INSTRUMENT, U.S. DOLLAR LIBOR
 (FORMERLY KNOWN AS THE LONDON INTERBANK OFFERED RATE) AS ADMINISTERED BY
 ICE BENCHMARK ADMINISTRATION LIMITED (OR ANY SUCCESSOR THEREOF).
   2. "LIBOR DISCONTINUANCE EVENT" SHALL MEAN THE EARLIEST  TO  OCCUR  OF
 ANY OF THE FOLLOWING:
   A. A PUBLIC STATEMENT OR PUBLICATION OF INFORMATION BY OR ON BEHALF OF
 THE ADMINISTRATOR OF LIBOR ANNOUNCING THAT SUCH ADMINISTRATOR HAS CEASED
 OR  WILL  CEASE  TO PROVIDE LIBOR, PERMANENTLY OR INDEFINITELY, PROVIDED

 S. 2508                            117                           A. 3008
 
 THAT, AT THE TIME OF THE STATEMENT OR PUBLICATION, THERE IS NO SUCCESSOR
 ADMINISTRATOR THAT WILL CONTINUE TO PROVIDE LIBOR;
   B.  A PUBLIC STATEMENT OR PUBLICATION OF INFORMATION BY THE REGULATORY
 SUPERVISOR FOR THE ADMINISTRATOR OF LIBOR,  THE  UNITED  STATES  FEDERAL
 RESERVE SYSTEM, AN INSOLVENCY OFFICIAL WITH JURISDICTION OVER THE ADMIN-
 ISTRATOR  FOR  LIBOR,  A RESOLUTION AUTHORITY WITH JURISDICTION OVER THE
 ADMINISTRATOR FOR LIBOR OR A COURT OR AN ENTITY WITH SIMILAR  INSOLVENCY
 OR  RESOLUTION  AUTHORITY OVER THE ADMINISTRATOR FOR LIBOR, WHICH STATES
 THAT THE ADMINISTRATOR OF LIBOR HAS CEASED  OR  WILL  CEASE  TO  PROVIDE
 LIBOR  PERMANENTLY  OR  INDEFINITELY,  PROVIDED THAT, AT THE TIME OF THE
 STATEMENT OR PUBLICATION, THERE IS NO SUCCESSOR ADMINISTRATOR THAT  WILL
 CONTINUE TO PROVIDE LIBOR; OR 
   C.  A PUBLIC STATEMENT OR PUBLICATION OF INFORMATION BY THE REGULATORY
 SUPERVISOR FOR THE ADMINISTRATOR OF LIBOR ANNOUNCING THAT  LIBOR  IS  NO
 LONGER REPRESENTATIVE.
   3. "LIBOR REPLACEMENT DATE" SHALL MEAN:
   A.  IN THE CASE OF A LIBOR DISCONTINUANCE EVENT DESCRIBED IN PARAGRAPH
 A OR B OF SUBDIVISION TWO OF THIS SECTION, THE LATER OF (I) THE DATE  OF
 THE  PUBLIC  STATEMENT OR PUBLICATION OF INFORMATION REFERENCED THEREIN;
 AND (II) THE DATE ON WHICH THE ADMINISTRATOR  OF  LIBOR  PERMANENTLY  OR
 INDEFINITELY CEASES TO PROVIDE LIBOR; AND
   B.  IN THE CASE OF A LIBOR DISCONTINUANCE EVENT DESCRIBED IN PARAGRAPH
 C OF SUBDIVISION TWO OF THIS SECTION, THE DATE OF THE  PUBLIC  STATEMENT
 OR PUBLICATION OF INFORMATION REFERENCED THEREIN.
   4.  "FALLBACK  PROVISIONS" SHALL MEAN TERMS IN A CONTRACT, SECURITY OR
 INSTRUMENT THAT SET FORTH A METHODOLOGY OR PROCEDURE FOR  DETERMINING  A
 BENCHMARK REPLACEMENT, INCLUDING ANY TERMS RELATING TO THE DATE ON WHICH
 THE BENCHMARK REPLACEMENT BECOMES EFFECTIVE, WITHOUT REGARD TO WHETHER A
 BENCHMARK  REPLACEMENT CAN BE DETERMINED IN ACCORDANCE WITH SUCH METHOD-
 OLOGY OR PROCEDURE.
   5. "BENCHMARK" SHALL MEAN AN INDEX OF INTEREST RATES OR DIVIDEND RATES
 THAT IS USED, IN WHOLE OR IN PART, AS THE BASIS OF OR AS A REFERENCE FOR
 CALCULATING OR DETERMINING ANY VALUATION, PAYMENT OR  OTHER  MEASUREMENT
 UNDER OR IN RESPECT OF A CONTRACT, SECURITY OR INSTRUMENT.
   6. "BENCHMARK REPLACEMENT" SHALL MEAN A BENCHMARK, OR AN INTEREST RATE
 OR DIVIDEND RATE (WHICH MAY OR MAY NOT BE BASED IN WHOLE OR IN PART ON A
 PRIOR  SETTING  OF  LIBOR),  TO  REPLACE  OR SUBSTITUTE FOR LIBOR OR ANY
 INTEREST RATE OR DIVIDEND RATE BASED ON LIBOR, WHETHER ON  A  TEMPORARY,
 PERMANENT  OR INDEFINITE BASIS, UNDER OR IN RESPECT OF A CONTRACT, SECU-
 RITY OR INSTRUMENT.
   7. "RECOMMENDED BENCHMARK REPLACEMENT" SHALL MEAN, WITH RESPECT TO ANY
 PARTICULAR  TYPE  OF  CONTRACT,  SECURITY  OR  INSTRUMENT,  A  BENCHMARK
 REPLACEMENT  BASED  ON  SOFR, WHICH SHALL INCLUDE ANY RECOMMENDED SPREAD
 ADJUSTMENT AND ANY BENCHMARK REPLACEMENT CONFORMING CHANGES, THAT  SHALL
 HAVE  BEEN  SELECTED OR RECOMMENDED BY A RELEVANT RECOMMENDING BODY WITH
 RESPECT TO SUCH TYPE OF CONTRACT, SECURITY OR INSTRUMENT.
   8. "RECOMMENDED SPREAD ADJUSTMENT" SHALL MEAN A SPREAD ADJUSTMENT,  OR
 METHOD FOR CALCULATING OR DETERMINING SUCH SPREAD ADJUSTMENT, (WHICH MAY
 BE  A  POSITIVE OR NEGATIVE VALUE OR ZERO) THAT SHALL HAVE BEEN SELECTED
 OR RECOMMENDED BY A RELEVANT RECOMMENDING BODY FOR A RECOMMENDED  BENCH-
 MARK  REPLACEMENT FOR A PARTICULAR TYPE OF CONTRACT, SECURITY OR INSTRU-
 MENT AND FOR A PARTICULAR TERM TO ACCOUNT FOR THE EFFECTS OF THE TRANSI-
 TION OR CHANGE FROM LIBOR TO A RECOMMENDED BENCHMARK REPLACEMENT.
   9. "BENCHMARK REPLACEMENT CONFORMING CHANGES" SHALL MEAN, WITH RESPECT
 TO ANY CONTRACT, SECURITY OR INSTRUMENT, ANY  TECHNICAL,  ADMINISTRATIVE
 OR OPERATIONAL CHANGES, ALTERATIONS OR MODIFICATIONS THAT ARE ASSOCIATED

 S. 2508                            118                           A. 3008
 
 WITH  AND  REASONABLY  NECESSARY  TO  THE  USE, ADOPTION, CALCULATION OR
 IMPLEMENTATION OF A RECOMMENDED BENCHMARK REPLACEMENT AND THAT:
   A.  HAVE BEEN SELECTED OR RECOMMENDED BY A RELEVANT RECOMMENDING BODY;
 AND
   B. IF, IN THE REASONABLE  JUDGMENT  OF  THE  CALCULATING  PERSON,  THE
 BENCHMARK  REPLACEMENT CONFORMING CHANGES SELECTED OR RECOMMENDED PURSU-
 ANT TO PARAGRAPH A OF THIS SUBDIVISION DO NOT APPLY  TO  SUCH  CONTRACT,
 SECURITY  OR INSTRUMENT OR ARE INSUFFICIENT TO PERMIT ADMINISTRATION AND
 CALCULATION OF THE RECOMMENDED  BENCHMARK  REPLACEMENT,  THEN  BENCHMARK
 REPLACEMENT  CONFORMING CHANGES SHALL INCLUDE SUCH OTHER CHANGES, ALTER-
 ATIONS OR MODIFICATIONS THAT, IN THE REASONABLE JUDGMENT OF  THE  CALCU-
 LATING PERSON:
   (I)  ARE  NECESSARY  TO  PERMIT  ADMINISTRATION AND CALCULATION OF THE
 RECOMMENDED BENCHMARK REPLACEMENT UNDER OR IN RESPECT OF SUCH  CONTRACT,
 SECURITY  OR  INSTRUMENT IN A MANNER CONSISTENT WITH MARKET PRACTICE FOR
 SUBSTANTIALLY SIMILAR CONTRACTS, SECURITIES OR INSTRUMENTS AND,  TO  THE
 EXTENT  PRACTICABLE,  THE  MANNER  IN  WHICH  SUCH CONTRACT, SECURITY OR
 INSTRUMENT WAS ADMINISTERED IMMEDIATELY PRIOR TO THE  LIBOR  REPLACEMENT
 DATE; AND
   (II)  WOULD  NOT RESULT IN A DISPOSITION OF SUCH CONTRACT, SECURITY OR
 INSTRUMENT FOR U.S. FEDERAL INCOME TAX PURPOSES.
   10. "DETERMINING PERSON" SHALL MEAN, WITH  RESPECT  TO  ANY  CONTRACT,
 SECURITY OR INSTRUMENT, IN THE FOLLOWING ORDER OF PRIORITY:
   A. ANY PERSON SPECIFIED AS A "DETERMINING PERSON"; OR
   B. ANY PERSON WITH THE AUTHORITY, RIGHT OR OBLIGATION TO:
   (I)  DETERMINE  THE BENCHMARK REPLACEMENT THAT WILL TAKE EFFECT ON THE
 LIBOR REPLACEMENT DATE,
   (II) CALCULATE OR DETERMINE A VALUATION, PAYMENT OR OTHER  MEASUREMENT
 BASED ON A BENCHMARK, OR
   (III) NOTIFY OTHER PERSONS OF THE OCCURRENCE OF A LIBOR DISCONTINUANCE
 EVENT, A LIBOR REPLACEMENT DATE OR A BENCHMARK REPLACEMENT.
   11. "RELEVANT RECOMMENDING BODY" SHALL MEAN THE FEDERAL RESERVE BOARD,
 THE FEDERAL RESERVE BANK OF NEW YORK, OR THE ALTERNATIVE REFERENCE RATES
 COMMITTEE, OR ANY SUCCESSOR TO ANY OF THEM.
   12.  "SOFR" SHALL MEAN, WITH RESPECT TO ANY DAY, THE SECURED OVERNIGHT
 FINANCING RATE PUBLISHED FOR SUCH DAY BY THE FEDERAL RESERVE BANK OF NEW
 YORK, AS THE ADMINISTRATOR OF THE BENCHMARK (OR A SUCCESSOR  ADMINISTRA-
 TOR), ON THE FEDERAL RESERVE BANK OF NEW YORK'S WEBSITE.
   13.  "CALCULATING  PERSON"  SHALL  MEAN, WITH RESPECT TO ANY CONTRACT,
 SECURITY OR INSTRUMENT, ANY PERSON (WHICH MAY BE A  DETERMINING  PERSON)
 RESPONSIBLE  FOR  CALCULATING  OR  DETERMINING ANY VALUATION, PAYMENT OR
 OTHER MEASUREMENT BASED ON A BENCHMARK.
   14. "CONTRACT, SECURITY, OR INSTRUMENT" SHALL INCLUDE, WITHOUT LIMITA-
 TION, ANY CONTRACT, AGREEMENT, MORTGAGE, DEED OF TRUST, LEASE,  SECURITY
 (WHETHER  REPRESENTING  DEBT  OR EQUITY, AND INCLUDING ANY INTEREST IN A
 CORPORATION, A PARTNERSHIP OR A LIMITED LIABILITY COMPANY),  INSTRUMENT,
 OR OTHER OBLIGATION.
   § 18-401. EFFECT  OF  LIBOR  DISCONTINUANCE  ON  AGREEMENTS. 1. ON THE
 LIBOR REPLACEMENT DATE, THE RECOMMENDED BENCHMARK REPLACEMENT SHALL,  BY
 OPERATION OF LAW, BE THE BENCHMARK REPLACEMENT FOR ANY CONTRACT, SECURI-
 TY OR INSTRUMENT THAT USES LIBOR AS A BENCHMARK AND:
   A. CONTAINS NO FALLBACK PROVISIONS; OR
   B.  CONTAINS  FALLBACK  PROVISIONS THAT RESULT IN A BENCHMARK REPLACE-
 MENT, OTHER THAN A RECOMMENDED BENCHMARK REPLACEMENT, THAT IS  BASED  IN
 ANY WAY ON ANY LIBOR VALUE.

 S. 2508                            119                           A. 3008
 
   2. FOLLOWING THE OCCURRENCE OF A LIBOR DISCONTINUANCE EVENT, ANY FALL-
 BACK  PROVISIONS IN A CONTRACT, SECURITY, OR INSTRUMENT THAT PROVIDE FOR
 A BENCHMARK REPLACEMENT BASED ON OR OTHERWISE INVOLVING A  POLL,  SURVEY
 OR  INQUIRIES  FOR  QUOTES  OR  INFORMATION CONCERNING INTERBANK LENDING
 RATES  OR  ANY  INTEREST  RATE  OR DIVIDEND RATE BASED ON LIBOR SHALL BE
 DISREGARDED AS IF NOT INCLUDED IN SUCH CONTRACT, SECURITY OR  INSTRUMENT
 AND SHALL BE DEEMED NULL AND VOID AND WITHOUT ANY FORCE OR EFFECT.
   3.  THIS SUBDIVISION SHALL APPLY TO ANY CONTRACT, SECURITY, OR INSTRU-
 MENT THAT USES LIBOR AS A BENCHMARK  AND  CONTAINS  FALLBACK  PROVISIONS
 THAT PERMIT OR REQUIRE THE SELECTION OF A BENCHMARK REPLACEMENT:
   A. THAT IS BASED IN ANY WAY ON ANY LIBOR VALUE; OR
   B.  WITH  THE  CHARACTERISTICS  FOR  WHICH  THE  RECOMMENDED BENCHMARK
 REPLACEMENT MAY BE SELECTED OR USED IN ACCORDANCE WITH  SUBDIVISION  ONE
 OF SECTION 18-402 OF THIS ARTICLE.
   A  DETERMINING PERSON SHALL HAVE THE AUTHORITY UNDER THIS ARTICLE, BUT
 SHALL NOT BE REQUIRED, TO SELECT ON OR AFTER THE OCCURRENCE OF  A  LIBOR
 DISCONTINUANCE EVENT THE RECOMMENDED BENCHMARK REPLACEMENT AS THE BENCH-
 MARK  REPLACEMENT.  SUCH SELECTION OF THE RECOMMENDED BENCHMARK REPLACE-
 MENT SHALL BE:
   (I) IRREVOCABLE;
   (II) MADE BY THE EARLIER OF EITHER THE LIBOR REPLACEMENT DATE, OR  THE
 LATEST  DATE  FOR  SELECTING  A  BENCHMARK REPLACEMENT ACCORDING TO SUCH
 CONTRACT, SECURITY, OR INSTRUMENT; AND
   (III) USED IN ANY  DETERMINATIONS  OF  THE  BENCHMARK  UNDER  OR  WITH
 RESPECT  TO SUCH CONTRACT, SECURITY OR INSTRUMENT OCCURRING ON AND AFTER
 THE LIBOR REPLACEMENT DATE.
   4. IF  A  RECOMMENDED  BENCHMARK  REPLACEMENT  BECOMES  THE  BENCHMARK
 REPLACEMENT FOR ANY CONTRACT, SECURITY, OR INSTRUMENT PURSUANT TO SUBDI-
 VISION  ONE  OR  SUBDIVISION  THREE  OF THIS SECTION, THEN ALL BENCHMARK
 REPLACEMENT CONFORMING CHANGES THAT ARE APPLICABLE (IN  ACCORDANCE  WITH
 THE  DEFINITION  OF  BENCHMARK  REPLACEMENT  CONFORMING CHANGES) TO SUCH
 RECOMMENDED BENCHMARK REPLACEMENT SHALL BECOME AN INTEGRAL PART OF  SUCH
 CONTRACT, SECURITY, OR INSTRUMENT BY OPERATION OF LAW.
   5. THE PROVISIONS OF THIS ARTICLE SHALL NOT ALTER OR IMPAIR:
   A. ANY WRITTEN AGREEMENT BY ALL REQUISITE PARTIES THAT, RETROSPECTIVE-
 LY  OR  PROSPECTIVELY,  A CONTRACT, SECURITY, OR INSTRUMENT SHALL NOT BE
 SUBJECT TO THIS ARTICLE WITHOUT NECESSARILY  REFERRING  SPECIFICALLY  TO
 THIS  ARTICLE.  FOR  PURPOSES  OF  THIS SUBDIVISION, "REQUISITE PARTIES"
 MEANS ALL PARTIES REQUIRED TO  AMEND  THE  TERMS  AND  PROVISIONS  OF  A
 CONTRACT,  SECURITY,  OR  INSTRUMENT  THAT WOULD OTHERWISE BE ALTERED OR
 AFFECTED BY THIS ARTICLE;
   B.  ANY  CONTRACT,  SECURITY  OR  INSTRUMENT  THAT  CONTAINS  FALLBACK
 PROVISIONS  THAT,  AFTER  THE  APPLICATION  OF  SUBDIVISION  TWO OF THIS
 SECTION WOULD RESULT IN A BENCHMARK REPLACEMENT THAT  IS  NOT  BASED  ON
 LIBOR,  INCLUDING,  BUT  NOT  LIMITED  TO, THE PRIME RATE OR THE FEDERAL
 FUNDS RATE;
   C. ANY CONTRACT, SECURITY, OR INSTRUMENT SUBJECT TO SUBDIVISION  THREE
 OF THIS SECTION AS TO WHICH A DETERMINING PERSON DOES NOT ELECT TO USE A
 RECOMMENDED  BENCHMARK REPLACEMENT PURSUANT TO SUBDIVISION THREE OF THIS
 SECTION OR AS TO WHICH A DETERMINING PERSON ELECTS TO USE A  RECOMMENDED
 BENCHMARK  REPLACEMENT PRIOR TO THE OCCURRENCE OF A LIBOR DISCONTINUANCE
 EVENT, EXCEPT THAT SUCH  CONTRACT,  SECURITY,  OR  INSTRUMENT  SHALL  BE
 SUBJECT TO SUBDIVISION TWO OF THIS SECTION; OR
   D.  THE APPLICATION TO A RECOMMENDED BENCHMARK REPLACEMENT OF ANY CAP,
 FLOOR, MODIFIER, OR SPREAD ADJUSTMENT TO WHICH LIBOR  HAD  BEEN  SUBJECT
 PURSUANT TO THE TERMS OF A CONTRACT, SECURITY, OR INSTRUMENT.

 S. 2508                            120                           A. 3008
 
   6.  NOTWITHSTANDING  THE  UNIFORM  COMMERCIAL CODE OR ANY OTHER LAW OF
 THIS STATE, THIS TITLE SHALL APPLY  TO  ALL  CONTRACTS,  SECURITIES  AND
 INSTRUMENTS,  INCLUDING  CONTRACTS,  WITH  RESPECT  TO COMMERCIAL TRANS-
 ACTIONS, AND SHALL NOT BE DEEMED TO BE DISPLACED BY  ANY  OTHER  LAW  OF
 THIS STATE.
   § 18-402. CONTINUITY  OF CONTRACT AND SAFE HARBOR. 1. THE SELECTION OR
 USE OF A RECOMMENDED BENCHMARK REPLACEMENT AS  A  BENCHMARK  REPLACEMENT
 UNDER  OR  IN RESPECT OF A CONTRACT, SECURITY OR INSTRUMENT BY OPERATION
 OF SECTION 18-401 OF THIS SECTION SHALL CONSTITUTE:
   A.  A  COMMERCIALLY  REASONABLE  SUBSTITUTE  FOR  AND  A  COMMERCIALLY
 SUBSTANTIAL EQUIVALENT TO LIBOR;
   B.  A  REASONABLE,  COMPARABLE OR ANALOGOUS TERM FOR LIBOR UNDER OR IN
 RESPECT OF SUCH CONTRACT, SECURITY OR INSTRUMENT;
   C. A REPLACEMENT THAT IS BASED ON A METHODOLOGY OR INFORMATION THAT IS
 SIMILAR OR COMPARABLE TO LIBOR; AND
   D. SUBSTANTIAL PERFORMANCE BY ANY PERSON OF ANY  RIGHT  OR  OBLIGATION
 UNDER OR IN RESPECT OF A CONTRACT, SECURITY OR INSTRUMENT.
   2.  NONE  OF:  A.  A LIBOR DISCONTINUANCE EVENT OR A LIBOR REPLACEMENT
 DATE, B. THE USE OF A RECOMMENDED BENCHMARK REPLACEMENT AS  A  BENCHMARK
 REPLACEMENT;  OR C.  THE DETERMINATION, IMPLEMENTATION OR PERFORMANCE OF
 BENCHMARK REPLACEMENT CONFORMING CHANGES, IN EACH CASE, BY OPERATION  OF
 SECTION 18-401 OF THIS ARTICLE, SHALL:
   (I) BE DEEMED TO IMPAIR OR AFFECT THE RIGHT OF ANY PERSON TO RECEIVE A
 PAYMENT,  OR  AFFECT  THE  AMOUNT  OR  TIMING OF SUCH PAYMENT, UNDER ANY
 CONTRACT, SECURITY, OR INSTRUMENT; OR
   (II) HAVE THE EFFECT OF (A) DISCHARGING OR EXCUSING PERFORMANCE  UNDER
 ANY  CONTRACT,  SECURITY OR INSTRUMENT FOR ANY REASON, CLAIM OR DEFENSE,
 INCLUDING, BUT NOT LIMITED TO, ANY FORCE MAJEURE OR OTHER  PROVISION  IN
 ANY CONTRACT, SECURITY OR INSTRUMENT; (B) GIVING ANY PERSON THE RIGHT TO
 UNILATERALLY  TERMINATE OR SUSPEND PERFORMANCE UNDER ANY CONTRACT, SECU-
 RITY OR INSTRUMENT; (C) CONSTITUTING A BREACH OF A CONTRACT, SECURITY OR
 INSTRUMENT; OR (D) VOIDING  OR  NULLIFYING  ANY  CONTRACT,  SECURITY  OR
 INSTRUMENT.
   3.  NO PERSON SHALL HAVE ANY LIABILITY FOR DAMAGES TO ANY PERSON OR BE
 SUBJECT TO ANY CLAIM OR REQUEST FOR EQUITABLE RELIEF ARISING OUT  OF  OR
 RELATED  TO THE USE OF A RECOMMENDED BENCHMARK REPLACEMENT OR THE DETER-
 MINATION,  IMPLEMENTATION  OR  PERFORMANCE  OF   BENCHMARK   REPLACEMENT
 CONFORMING CHANGES, IN EACH CASE, BY OPERATION OF SECTION 18-401 OF THIS
 ARTICLE, AND SUCH SELECTION OR USE OF THE RECOMMENDED BENCHMARK REPLACE-
 MENT  OR  THE  IMPLEMENTATION  OR  PERFORMANCE  OF BENCHMARK REPLACEMENT
 CONFORMING CHANGES SHALL NOT GIVE RISE TO ANY CLAIM OR CAUSE  OF  ACTION
 BY ANY PERSON IN LAW OR IN EQUITY.
   4.  THE SELECTION OR USE OF A RECOMMENDED BENCHMARK REPLACEMENT OR THE
 DETERMINATION, IMPLEMENTATION, OR PERFORMANCE OF  BENCHMARK  REPLACEMENT
 CONFORMING CHANGES, IN EACH CASE, BY OPERATION OF SECTION 18-401 OF THIS
 ARTICLE, SHALL BE DEEMED TO:
   A.  NOT  BE  AN AMENDMENT OR MODIFICATION OF ANY CONTRACT, SECURITY OR
 INSTRUMENT; AND
   B. NOT PREJUDICE, IMPAIR OR AFFECT ANY PERSON'S RIGHTS OR  OBLIGATIONS
 UNDER OR IN RESPECT OF ANY CONTRACT, SECURITY OR INSTRUMENT.
   5.  EXCEPT AS PROVIDED IN EITHER SUBDIVISION ONE OR SUBDIVISION TWO OF
 SECTION 18-401 OF THIS ARTICLE, THE PROVISIONS OF THIS ARTICLE SHALL NOT
 BE INTERPRETED AS CREATING ANY NEGATIVE INFERENCE OR  NEGATIVE  PRESUMP-
 TION REGARDING THE VALIDITY OR ENFORCEABILITY OF ANY OF THE FOLLOWING IF
 AGREED TO BY THE PARTIES TO A CONTRACT:

 S. 2508                            121                           A. 3008
 
   A.  ANY  BENCHMARK  REPLACEMENT  THAT IS NOT A RECOMMENDED REPLACEMENT
 BENCHMARK;
   B.  ANY  SPREAD ADJUSTMENT, OR METHOD FOR CALCULATING OR DETERMINING A
 SPREAD ADJUSTMENT, THAT IS NOT A RECOMMENDED SPREAD ADJUSTMENT; OR
   C. ANY CHANGES, ALTERATIONS OR MODIFICATIONS TO OR  IN  RESPECT  OF  A
 CONTRACT,  SECURITY  OR  INSTRUMENT  THAT  ARE NOT BENCHMARK REPLACEMENT
 CONFORMING CHANGES.
   § 18-403. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE  OR  APPLICA-
 TION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALID-
 ITY  SHALL  NOT  AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS ARTICLE
 THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION  OR  APPLICATION,
 AND TO THIS END THE PROVISIONS OF THIS ARTICLE SHALL BE SEVERABLE.
   § 2. This act shall take effect immediately.

                                  PART QQ
 
   Section  1.    The  general  business  law  is amended by adding a new
 section 399-zzzzz to read as follows:
   § 399-ZZZZZ. BROADBAND SERVICE FOR LOW-INCOME CONSUMERS.  1.  FOR  THE
 PURPOSES  OF  THIS  SECTION,  THE  TERM "BROADBAND SERVICE" SHALL MEAN A
 MASS-MARKET RETAIL SERVICE THAT PROVIDES THE CAPABILITY TO TRANSMIT DATA
 TO AND RECEIVE DATA FROM ALL OR SUBSTANTIALLY  ALL  INTERNET  ENDPOINTS,
 INCLUDING  ANY CAPABILITIES THAT ARE INCIDENTAL TO AND ENABLE THE OPERA-
 TION OF THE  COMMUNICATIONS  SERVICE,  BUT  SHALL  NOT  INCLUDE  DIAL-UP
 SERVICE.
   2.  EVERY  PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR
 SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL,  NO  LATER
 THAN  SIXTY  DAYS  AFTER  THE EFFECTIVE DATE OF THIS SECTION, OFFER HIGH
 SPEED BROADBAND SERVICE TO LOW-INCOME CONSUMERS WHOSE HOUSEHOLD: (A)  IS
 ELIGIBLE  FOR  FREE  OR REDUCED-PRICED LUNCH THROUGH THE NATIONAL SCHOOL
 LUNCH PROGRAM; OR (B) WHOSE ANNUAL GROSS  HOUSEHOLD  INCOME  IS  NOT  IN
 EXCESS  OF ONE HUNDRED EIGHTY-FIVE PERCENT OF THE FEDERAL POVERTY GUIDE-
 LINES AS UPDATED PERIODICALLY IN THE  FEDERAL  REGISTER  BY  THE  UNITED
 STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER THE AUTHORITY OF 42
 U.S.C.  §  9902(2).    SUCH LOW-INCOME BROADBAND SERVICE SHALL PROVIDE A
 MINIMUM DOWNLOAD SPEED EQUAL TO THE GREATER OF TWENTY-FIVE MEGABITS  PER
 SECOND  DOWNLOAD  SPEED OR THE DOWNLOAD SPEED OF THE PROVIDER'S EXISTING
 LOW-INCOME BROADBAND SERVICE SOLD TO CUSTOMERS IN THE STATE.
   3. BROADBAND SERVICE FOR LOW-INCOME CONSUMERS, AS SET  FORTH  IN  THIS
 SECTION, SHALL BE PROVIDED AT A COST OF NO MORE THAN FIFTEEN DOLLARS PER
 MONTH,  INCLUSIVE  OF  ANY  RECURRING  TAXES  AND FEES SUCH AS RECURRING
 RENTAL FEES FOR SERVICE PROVIDER EQUIPMENT REQUIRED TO OBTAIN  BROADBAND
 SERVICE  AND USAGE FEES. BROADBAND SERVICE PROVIDERS SHALL ALLOW LOW-IN-
 COME BROADBAND SERVICE SUBSCRIBERS TO  PURCHASE  STANDALONE  OR  BUNDLED
 CABLE AND/OR PHONE SERVICES SEPARATELY. BROADBAND SERVICE PROVIDERS MAY,
 ONCE  EVERY  FIVE  YEARS, AND AFTER THIRTY DAYS' NOTICE TO ITS CUSTOMERS
 AND THE DEPARTMENT OF PUBLIC SERVICE, INCREASE THE PRICE OF THIS SERVICE
 BY THE LESSER OF THE MOST RECENT CHANGE IN THE CONSUMER PRICE INDEX OR A
 MAXIMUM OF TWO PERCENT PER YEAR OF THE PRICE FOR SUCH SERVICE.
   4. EVERY PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS  PROVIDING  OR
 SEEKING  TO  PROVIDE  BROADBAND SERVICE IN NEW YORK STATE SHALL MAKE ALL
 COMMERCIALLY REASONABLE EFFORTS TO PROMOTE AND ADVERTISE THE AVAILABILI-
 TY OF BROADBAND SERVICE FOR  LOW-INCOME  CONSUMERS  INCLUDING,  BUT  NOT
 LIMITED  TO,  THE  PROMINENT  DISPLAY OF, AND ENROLLMENT PROCEDURES FOR,
 SUCH SERVICE ON ITS WEBSITE AND IN ANY  WRITTEN  AND  COMMERCIAL  PROMO-

 S. 2508                            122                           A. 3008
 
 TIONAL  MATERIALS  DEVELOPED TO INFORM CONSUMERS WHO MAY BE ELIGIBLE FOR
 SERVICE PURSUANT TO THIS SECTION.
   5.  EVERY  PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR
 SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK  STATE  SHALL  ANNUALLY
 SUBMIT  TO  THE  DEPARTMENT  OF  PUBLIC  SERVICE, NO LATER THAN NOVEMBER
 FIFTEENTH AFTER THE EFFECTIVE DATE OF THIS ACT, AND ANNUALLY THEREAFTER,
 A COMPLIANCE REPORT SETTING FORTH: (A)  A  DESCRIPTION  OF  THE  SERVICE
 OFFERED  PURSUANT  TO THIS SECTION; (B) THE NUMBER OF CONSUMERS ENROLLED
 IN SUCH SERVICE; (C) A DESCRIPTION OF THE PROCEDURES BEING USED TO VERI-
 FY  THE  ELIGIBILITY  OF  CUSTOMERS  RECEIVING  SUCH  SERVICE;   (D)   A
 DESCRIPTION  AND  SAMPLES OF THE ADVERTISING OR MARKETING EFFORTS UNDER-
 TAKEN TO ADVERTISE OR PROMOTE SUCH SERVICE; (E)  A  DESCRIPTION  OF  ALL
 RETAIL  RATE  PRODUCTS, INCLUDING PRICING, OFFERED BY SUCH PERSON, BUSI-
 NESS, CORPORATION, OR THEIR AGENTS; (F) A DESCRIPTION,  INCLUDING  SPEED
 AND  PRICE,  OF ALL BROADBAND PRODUCTS OFFERED IN THE STATE OF NEW YORK;
 AND (G) SUCH OTHER INFORMATION AS THE DEPARTMENT OF PUBLIC  SERVICE  MAY
 REQUIRE.
   6.  THE  DEPARTMENT  OF  PUBLIC SERVICE SHALL, WITHIN TWO YEARS OF THE
 EFFECTIVE DATE OF THIS SECTION AND AT LEAST EVERY FIVE YEARS THEREAFTER,
 UNDERTAKE A PROCEEDING TO DETERMINE IF THE  MINIMUM  BROADBAND  DOWNLOAD
 SPEED  IN THIS SECTION SHOULD BE INCREASED TO THE FEDERAL COMMUNICATIONS
 COMMISSION'S BENCHMARK BROADBAND DOWNLOAD SPEED, OR TO  ANOTHER  MINIMUM
 BROADBAND  DOWNLOAD  SPEED  IF THE FEDERAL COMMUNICATIONS COMMISSION HAS
 NOT INCREASED ITS BENCHMARK BY SUCH DATE.    THE  DEPARTMENT  OF  PUBLIC
 SERVICE  SHALL  ALSO:  (A)  UNDERTAKE APPROPRIATE MEASURES TO INFORM THE
 PUBLIC ABOUT AVAILABLE BROADBAND PRODUCTS, INCLUDING RETAIL RATE PRODUCT
 OFFERINGS AND LOW-INCOME OFFERINGS; AND (B) PERIODICALLY,  BUT  NO  LESS
 THAN  ONCE  EVERY  FIVE  YEARS,  REVIEW ELIGIBILITY REQUIREMENTS FOR THE
 LOW-INCOME SERVICE REQUIRED PURSUANT TO THIS SECTION,  AND  UPDATE  SUCH
 REQUIREMENTS AS MAY BE NECESSARY TO MEET THE NEEDS OF CONSUMERS.
   7. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
 PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE  DEFENDANT  OF
 NOT  LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
 VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF  THE  COURT  OR
 JUSTICE  THAT  THE  DEFENDANT  HAS,  IN  FACT, VIOLATED THIS SECTION, AN
 INJUNCTION MAY  BE  ISSUED  BY  THE  COURT  OR  JUSTICE,  ENJOINING  AND
 RESTRAINING  ANY  FURTHER  VIOLATIONS,  WITHOUT REQUIRING PROOF THAT ANY
 PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED  THEREBY.  IN  ANY  SUCH
 PROCEEDING,  THE  COURT  MAY  MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
 PROVIDED IN PARAGRAPH SIX OF SUBDIVISION  (A)  OF  SECTION  EIGHTY-THREE
 HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
 TION. WHENEVER THE COURT  SHALL  DETERMINE  THAT  A  VIOLATION  OF  THIS
 SECTION  HAS  OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
 THAN ONE THOUSAND DOLLARS PER VIOLATION. IN  CONNECTION  WITH  ANY  SUCH
 PROPOSED  APPLICATION,  THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF
 AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   § 2. This act shall take effect immediately.
 
                                  PART RR
 
   Section 1. Section 1678 of the public authorities law  is  amended  by
 adding a new subdivision 30 to read as follows:

 S. 2508                            123                           A. 3008
 
   30.  (A)  TO ENTER INTO LOANS WITH, AND TO PROVIDE SERVICES RELATED TO
 PLANNING, DESIGN, CONSTRUCTION, RENOVATION,  RECONSTRUCTION,  FURNISHING
 OR  EQUIPPING  TO,  ANY  SCHOOL  DISTRICT, NOT-FOR-PROFIT CORPORATION OR
 GROUP OF NOT-FOR-PROFIT CORPORATIONS, FOR CAPITAL  PROJECTS  LOCATED  IN
 NEW  YORK  STATE  WITH  AN  AGGREGATE COST OF NOT LESS THAN FIVE MILLION
 DOLLARS.
   (B) TO ENTER INTO LOANS WITH ANY  SCHOOL  DISTRICT  OR  NOT-FOR-PROFIT
 CORPORATION  TO  FUND  THEIR  WORKING CAPITAL NEEDS, PROVIDED SUCH LOANS
 HAVE BEEN PRESENTED TO THE AUTHORITY'S BOARD DURING THE  COVID-19  STATE
 OF EMERGENCY.
   (C) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I)  "NOT-FOR-PROFIT  CORPORATION"  SHALL  MEAN  A DOMESTIC OR FOREIGN
 CORPORATION AS DEFINED IN SECTION ONE HUNDRED TWO OF THE  NOT-FOR-PROFIT
 CORPORATION LAW.
   (II)  "SCHOOL  DISTRICT" SHALL MEAN ANY SCHOOL DISTRICT LOCATED IN THE
 STATE OF NEW YORK.
   (III) "WORKING CAPITAL" SHALL  MEAN  FUNDS  USED  TO  PAY  OPERATIONAL
 EXPENSES,  INCLUDING  BUT  NOT  LIMITED  TO, SALARIES, ACCOUNTS PAYABLE,
 PURCHASING INVENTORY AND OTHER OPERATIONAL OBLIGATIONS.
   (IV) "COVID-19 STATE OF EMERGENCY" SHALL  MEAN  THE  PERIOD  IN  WHICH
 EXECUTIVE  ORDER  TWO HUNDRED TWO OF TWO THOUSAND TWENTY, AS AMENDED, IS
 IN EFFECT TO ADDRESS THE OUTBREAK OF THE NOVEL CORONAVIRUS, COVID-19.
   § 2. Nothing in this act is intended to limit, impair, or  affect  the
 legal  authority  of  the  dormitory  authority of the state of New York
 under any other provision of law.
   § 3. This act shall take effect immediately.
 
                                  PART SS
 
   Section 1. Paragraph (b) of subdivision 1 of section 7 of section 1 of
 chapter 392 of the laws of 1973 constituting the New York State  Medical
 Care  Facilities  Finance  Agency  act, as amended by chapter 183 of the
 laws of 2018, is amended to read as follows:
   (b) The agency shall not issue hospital and nursing home project bonds
 and hospital and nursing home project notes in  an  aggregate  principal
 amount  exceeding [sixteen] SEVENTEEN billion [six] FOUR hundred million
 dollars, excluding hospital and nursing home project bonds and  hospital
 and nursing home project notes issued to refund outstanding hospital and
 nursing home projects bonds and hospital and nursing home project notes;
 provided,  however,  that upon any such refunding or repayment the total
 aggregate principal amount of outstanding bonds, notes  or  other  obli-
 gations  may  be  greater  than  [sixteen]  SEVENTEEN billion [six] FOUR
 hundred million dollars only if the present value of the aggregate  debt
 service  of the refunding or repayment bonds, notes or other obligations
 to be issued shall not exceed the present value of  the  aggregate  debt
 service  of  the  bonds, notes or other obligations so to be refunded or
 repaid. For purposes hereof, the present values of  the  aggregate  debt
 service  of the refunding or repayment bonds, notes or other obligations
 and of the aggregate debt service of the bonds,  notes  or  other  obli-
 gations  so  refunded  or  repaid,  shall be calculated by utilizing the
 effective interest rate of the refunding or repayment  bonds,  notes  or
 other  obligations,  which shall be that rate arrived at by doubling the
 semi-annual  interest  rate  (compounded  semi-annually)  necessary   to
 discount  the debt service payments on the refunding or repayment bonds,
 notes or other obligations from the payment dates thereof to the date of
 issue of the refunding or repayment bonds, notes  or  other  obligations

 S. 2508                            124                           A. 3008
 
 and  to  the  price bid including estimated accrued interest or proceeds
 received by the agency including estimated  accrued  interest  from  the
 sale  thereof.  The  agency  shall  not  issue hospital and nursing home
 project bonds at any time secured by the hospital and nursing home capi-
 tal  reserve fund if upon issuance, the amount in the hospital and nurs-
 ing home capital reserve fund will be less than the hospital and nursing
 home capital reserve fund requirement, unless the agency, at the time of
 issuance of such bonds, shall deposit in  such  reserve  fund  from  the
 proceeds  of  the  bonds  so to be issued, or otherwise, an amount which
 together with the amount then in such reserve fund,  will  be  not  less
 than the hospital and nursing home capital reserve fund requirement.
   § 2. This act shall take effect immediately.
 
                                  PART TT
 
   Section 1. This act enacts into law components of legislation relating
 to  the  pandemic recovery and restart program. Each component is wholly
 contained within a Subpart identified  as  Subparts  A  through  C.  The
 effective  date  for  each  particular  provision  contained within such
 Subpart is set forth in the last section of such Subpart. Any  provision
 in  any section contained within a Subpart, including the effective date
 of the Subpart, which makes reference to a section "of this  act",  when
 used  in  connection  with that particular component, shall be deemed to
 mean and refer to the corresponding section of the Subpart in  which  it
 is  found.  Section  three  of this act sets forth the general effective
 date of this act.
 
                                 SUBPART A
 
   Section 1. The economic development law is amended  by  adding  a  new
 article 24 to read as follows:
                                ARTICLE 24
             SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM
 SECTION 460. SHORT TITLE.
         461. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION.
         462. DEFINITIONS.
         463. ELIGIBILITY CRITERIA.
         464. APPLICATION AND APPROVAL PROCESS.
         465. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT.
         466. POWERS AND DUTIES OF THE COMMISSIONER.
         467. MAINTENANCE OF RECORDS.
         468. REPORTING.
         469. CAP ON TAX CREDIT.
   §  460.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM ACT".
   § 461. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION. IT IS HEREBY
 FOUND AND DECLARED THAT NEW YORK STATE NEEDS,  AS  A  MATTER  OF  PUBLIC
 POLICY,  TO  CREATE  FINANCIAL INCENTIVES FOR SMALL BUSINESSES IN INDUS-
 TRIES THAT HAVE SUFFERED ECONOMIC HARM  AS  A  RESULT  OF  THE  COVID-19
 PANDEMIC  TO EXPEDITIOUSLY REHIRE WORKERS AND INCREASE TOTAL SMALL BUSI-
 NESS EMPLOYMENT. THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM IS
 CREATED TO PROVIDE FINANCIAL INCENTIVES  TO  ECONOMICALLY  HARMED  SMALL
 BUSINESSES  TO  OFFER  RELIEF, EXPEDITE THEIR HIRING EFFORTS, AND REDUCE
 THE DURATION AND SEVERITY OF THE CURRENT ECONOMIC DIFFICULTIES.
   § 462. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:

 S. 2508                            125                           A. 3008
 
   1. "ACCOMMODATION SECTOR" MEANS ESTABLISHMENTS THAT PROVIDE LODGING OR
 SHORT-TERM ACCOMMODATIONS FOR TRAVELERS, VACATIONERS, AND OTHERS.
   2.  "ARTS,  ENTERTAINMENT, AND RECREATION SECTOR" MEANS ESTABLISHMENTS
 THAT OPERATE FACILITIES OR PROVIDE SERVICES  TO  MEET  VARIED  CULTURAL,
 ENTERTAINMENT,  AND RECREATIONAL INTERESTS OF THEIR PATRONS. THIS SECTOR
 COMPRISES: (A) ESTABLISHMENTS THAT ARE INVOLVED IN PRODUCING, PROMOTING,
 OR PARTICIPATING IN LIVE PERFORMANCES, EVENTS, OR EXHIBITS INTENDED  FOR
 PUBLIC VIEWING; (B) ESTABLISHMENTS THAT PRESERVE AND EXHIBIT OBJECTS AND
 SITES  OF  HISTORICAL, CULTURAL, OR EDUCATIONAL INTEREST; AND (C) ESTAB-
 LISHMENTS THAT  OPERATE  FACILITIES  OR  PROVIDE  SERVICES  THAT  ENABLE
 PATRONS  TO  PARTICIPATE IN RECREATIONAL ACTIVITIES OR PURSUE AMUSEMENT,
 HOBBY, AND LEISURE-TIME INTERESTS.
   3. "AVERAGE FULL-TIME EMPLOYMENT" SHALL MEAN  THE  AVERAGE  NUMBER  OF
 FULL-TIME  EQUIVALENT  POSITIONS  EMPLOYED  BY  A  BUSINESS ENTITY IN AN
 ELIGIBLE INDUSTRY DURING A GIVEN PERIOD.
   4. "AVERAGE STARTING FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS  THE
 AVERAGE  NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A BUSINESS
 ENTITY IN AN ELIGIBLE INDUSTRY BETWEEN JANUARY FIRST, TWO THOUSAND TWEN-
 TY-ONE, AND MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-ONE.
   5. "AVERAGE ENDING FULL-TIME EMPLOYMENT" SHALL BE  CALCULATED  AS  THE
 AVERAGE  NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A BUSINESS
 ENTITY IN AN ELIGIBLE INDUSTRY BETWEEN APRIL FIRST, TWO  THOUSAND  TWEN-
 TY-ONE, AND DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE.
   6. "CERTIFICATE OF TAX CREDIT" MEANS THE DOCUMENT ISSUED TO A BUSINESS
 ENTITY  BY  THE  DEPARTMENT  AFTER  THE DEPARTMENT HAS VERIFIED THAT THE
 BUSINESS ENTITY HAS MET ALL  APPLICABLE  ELIGIBILITY  CRITERIA  IN  THIS
 ARTICLE. THE CERTIFICATE SHALL SPECIFY THE EXACT AMOUNT OF THE TAX CRED-
 IT  UNDER  THIS  ARTICLE  THAT  A BUSINESS ENTITY MAY CLAIM, PURSUANT TO
 SECTION FOUR HUNDRED SIXTY-FIVE OF THIS ARTICLE.
   7. "COMMISSIONER" SHALL MEAN THE COMMISSIONER  OF  THE  DEPARTMENT  OF
 ECONOMIC DEVELOPMENT.
   8. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
   9. "ELIGIBLE INDUSTRY" MEANS A BUSINESS ENTITY OPERATING PREDOMINANTLY
 IN ONE OF THE FOLLOWING BUSINESS SECTORS:
   (A) ACCOMMODATIONS; OR
   (B) ARTS, ENTERTAINMENT, AND RECREATION.
   10.  "NET  EMPLOYEE  INCREASE" MEANS AN INCREASE OF AT LEAST ONE FULL-
 TIME EQUIVALENT EMPLOYEE BETWEEN THE AVERAGE STARTING FULL-TIME  EMPLOY-
 MENT AND THE AVERAGE ENDING FULL-TIME EMPLOYMENT OF A BUSINESS ENTITY.
   §  463. ELIGIBILITY CRITERIA. 1. TO BE ELIGIBLE FOR A TAX CREDIT UNDER
 THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM, A BUSINESS  ENTITY
 MUST:
   (A)  BE  A SMALL BUSINESS AS DEFINED IN SECTION ONE HUNDRED THIRTY-ONE
 OF THIS CHAPTER AND HAVE FEWER THAN ONE  HUNDRED  FULL-TIME  JOB  EQUIV-
 ALENTS IN NEW YORK STATE AS OF APRIL FIRST, TWO THOUSAND TWENTY-ONE;
   (B)  OPERATE A BUSINESS LOCATION IN NEW YORK STATE THAT CHARGES ADMIS-
 SION AND/OR ACCEPTS PAYMENT FOR GOODS  AND/OR  SERVICES  FROM  IN-PERSON
 CUSTOMERS;
   (C) OPERATE PREDOMINANTLY IN AN ELIGIBLE INDUSTRY AS DEFINED IN SUBDI-
 VISION NINE OF SECTION FOUR HUNDRED SIXTY-TWO OF THIS ARTICLE; PROVIDED,
 HOWEVER, THAT THE DEPARTMENT, IN ITS REGULATIONS PROMULGATED PURSUANT TO
 THIS  ARTICLE, SHALL HAVE THE AUTHORITY TO LIST CERTAIN SECTORS OF THOSE
 INDUSTRIES AS INELIGIBLE;
   (D) HAVE EXPERIENCED ECONOMIC HARM AS A RESULT OF THE  COVID-19  EMER-
 GENCY  AS EVIDENCED BY A YEAR-TO-YEAR DECREASE OF AT LEAST FORTY PERCENT
 IN NEW YORK STATE BETWEEN THE SECOND QUARTER OF  TWO  THOUSAND  NINETEEN

 S. 2508                            126                           A. 3008

 AND  THE  SECOND  QUARTER OF TWO THOUSAND TWENTY OR THE THIRD QUARTER OF
 TWO THOUSAND NINETEEN AND THE THIRD QUARTER OF TWO THOUSAND  TWENTY  FOR
 ONE OR BOTH OF: (I) GROSS RECEIPTS OR (II) AVERAGE FULL-TIME EMPLOYMENT;
 AND
   (E) HAVE DEMONSTRATED A NET EMPLOYEE INCREASE.
   2.  A BUSINESS ENTITY MUST BE IN SUBSTANTIAL COMPLIANCE WITH ANY EMER-
 GENCY RESTRICTIONS OR PUBLIC HEALTH ORDERS IMPACTING THE INDUSTRY SECTOR
 OR OTHER LAWS AND REGULATIONS AS  DETERMINED  BY  THE  COMMISSIONER.  IN
 ADDITION,  A  BUSINESS  ENTITY MAY NOT OWE PAST DUE STATE TAXES OR LOCAL
 PROPERTY TAXES UNLESS THE BUSINESS ENTITY IS MAKING PAYMENTS AND COMPLY-
 ING WITH AN APPROVED BINDING PAYMENT AGREEMENT  ENTERED  INTO  WITH  THE
 TAXING AUTHORITY.
   §  464.  APPLICATION  AND  APPROVAL PROCESS. 1. A BUSINESS ENTITY MUST
 SUBMIT A COMPLETE APPLICATION AS PRESCRIBED BY THE COMMISSIONER.
   2. THE COMMISSIONER SHALL ESTABLISH PROCEDURES  AND  A  TIMEFRAME  FOR
 BUSINESS  ENTITIES  TO  SUBMIT APPLICATIONS. AS PART OF THE APPLICATION,
 EACH BUSINESS ENTITY MUST:
   (A) PROVIDE EVIDENCE IN A FORM AND MANNER PRESCRIBED  BY  THE  COMMIS-
 SIONER OF THEIR BUSINESS ELIGIBILITY;
   (B) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE THE
 BUSINESS  ENTITY'S  TAX  INFORMATION  WITH  THE DEPARTMENT. HOWEVER, ANY
 INFORMATION SHARED AS A RESULT OF THIS PROGRAM SHALL  NOT  BE  AVAILABLE
 FOR DISCLOSURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW;
   (C)  AGREE  TO  ALLOW  THE  DEPARTMENT  OF  LABOR TO SHARE ITS TAX AND
 EMPLOYER INFORMATION  WITH  THE  DEPARTMENT.  HOWEVER,  ANY  INFORMATION
 SHARED AS A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE FOR DISCLOSURE
 OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW;
   (D)  ALLOW  THE  DEPARTMENT AND ITS AGENTS ACCESS TO ANY AND ALL BOOKS
 AND RECORDS THE DEPARTMENT MAY REQUIRE TO MONITOR COMPLIANCE;
   (E) CERTIFY, UNDER PENALTY OF  PERJURY,  THAT  IT  IS  IN  SUBSTANTIAL
 COMPLIANCE  WITH  ALL  EMERGENCY  ORDERS  OR  PUBLIC  HEALTH REGULATIONS
 CURRENTLY REQUIRED OF SUCH ENTITY, AND LOCAL, AND STATE TAX LAWS; AND
   (F) AGREE TO  PROVIDE  ANY  ADDITIONAL  INFORMATION  REQUIRED  BY  THE
 DEPARTMENT RELEVANT TO THIS ARTICLE.
   3. AFTER REVIEWING A BUSINESS ENTITY'S COMPLETED FINAL APPLICATION AND
 DETERMINING  THAT  THE BUSINESS ENTITY MEETS THE ELIGIBILITY CRITERIA AS
 SET FORTH IN THIS ARTICLE, THE DEPARTMENT MAY  ISSUE  TO  THAT  BUSINESS
 ENTITY  A CERTIFICATE OF TAX CREDIT. A BUSINESS ENTITY MAY CLAIM THE TAX
 CREDIT IN THE TAXABLE YEAR  THAT  INCLUDES  DECEMBER  THIRTY-FIRST,  TWO
 THOUSAND TWENTY-ONE.
   §  465. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. 1. A BUSINESS ENTITY
 IN THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM THAT  MEETS  THE
 ELIGIBILITY  REQUIREMENTS  OF  SECTION  FOUR HUNDRED SIXTY-THREE OF THIS
 ARTICLE MAY BE ELIGIBLE TO CLAIM A CREDIT EQUAL TO FIVE THOUSAND DOLLARS
 PER EACH FULL-TIME EQUIVALENT NET EMPLOYEE INCREASE AS DEFINED IN SUBDI-
 VISION TEN OF SECTION FOUR HUNDRED SIXTY-TWO OF THIS ARTICLE.
   2. A BUSINESS  ENTITY,  INCLUDING  A  PARTNERSHIP,  LIMITED  LIABILITY
 COMPANY AND SUBCHAPTER S CORPORATION, MAY NOT RECEIVE IN EXCESS OF FIFTY
 THOUSAND DOLLARS IN TAX CREDITS UNDER THIS PROGRAM.
   3.  THE  CREDIT  SHALL  BE  ALLOWED AS PROVIDED IN SECTION FORTY-FIVE,
 SUBDIVISION FIFTY-FIVE OF SECTION TWO HUNDRED TEN-B AND SUBSECTION (KKK)
 OF SECTION SIX HUNDRED SIX OF THE TAX LAW.
   § 466. POWERS AND DUTIES OF THE COMMISSIONER. 1. THE COMMISSIONER  MAY
 PROMULGATE REGULATIONS ESTABLISHING AN APPLICATION PROCESS AND ELIGIBIL-
 ITY  CRITERIA, THAT WILL BE APPLIED CONSISTENT WITH THE PURPOSES OF THIS
 ARTICLE, SO AS NOT TO EXCEED THE ANNUAL CAP ON TAX CREDITS SET FORTH  IN

 S. 2508                            127                           A. 3008
 
 SECTION  FOUR  HUNDRED SIXTY-NINE OF THIS ARTICLE WHICH, NOTWITHSTANDING
 ANY PROVISIONS TO THE CONTRARY IN  THE  STATE  ADMINISTRATIVE  PROCEDURE
 ACT, MAY BE ADOPTED ON AN EMERGENCY BASIS.
   2.  THE  COMMISSIONER  SHALL,  IN  CONSULTATION WITH THE DEPARTMENT OF
 TAXATION AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT THAT SHALL  BE
 ISSUED  BY  THE  COMMISSIONER  TO  ELIGIBLE BUSINESSES. SUCH CERTIFICATE
 SHALL CONTAIN SUCH INFORMATION AS REQUIRED BY THE DEPARTMENT OF TAXATION
 AND FINANCE.
   3. THE COMMISSIONER SHALL SOLELY  DETERMINE  THE  ELIGIBILITY  OF  ANY
 APPLICANT APPLYING FOR ENTRY INTO THE PROGRAM AND SHALL REMOVE ANY BUSI-
 NESS ENTITY FROM THE PROGRAM FOR FAILING TO MEET ANY OF THE REQUIREMENTS
 SET  FORTH  IN  SECTION FOUR HUNDRED SIXTY-THREE OF THIS ARTICLE, OR FOR
 FAILING TO MEET THE REQUIREMENTS SET FORTH IN SUBDIVISION ONE OF SECTION
 FOUR HUNDRED SIXTY-FOUR OF THIS ARTICLE.
   § 467. MAINTENANCE OF RECORDS. EACH BUSINESS ENTITY  PARTICIPATING  IN
 THE  PROGRAM  SHALL  KEEP  ALL  RELEVANT  RECORDS  FOR THEIR DURATION OF
 PROGRAM PARTICIPATION FOR AT LEAST THREE YEARS.
   § 468. REPORTING. EACH BUSINESS ENTITY PARTICIPATING IN  THIS  PROGRAM
 MUST  SUBMIT A PERFORMANCE REPORT TO THE DEPARTMENT AT A TIME PRESCRIBED
 IN REGULATIONS BY THE COMMISSIONER.
   § 469. CAP ON TAX CREDIT. THE TOTAL AMOUNT OF TAX  CREDITS  LISTED  ON
 CERTIFICATES  OF  TAX CREDIT ISSUED BY THE COMMISSIONER PURSUANT TO THIS
 ARTICLE MAY NOT EXCEED FIFTY MILLION DOLLARS.
   § 2. The tax law is amended by adding a new  section  45  to  read  as
 follows:
   § 45. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CRED-
 IT. A TAXPAYER SUBJECT TO TAX UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS
 CHAPTER  SHALL  BE  ALLOWED  A  CREDIT AGAINST SUCH TAX, PURSUANT TO THE
 PROVISIONS REFERENCED IN SUBDIVISION (F) OF THIS SECTION. THE AMOUNT  OF
 THE  CREDIT  IS  EQUAL TO THE AMOUNT DETERMINED PURSUANT TO SECTION FOUR
 HUNDRED SIXTY-FIVE OF THE ECONOMIC DEVELOPMENT LAW. NO COST  OR  EXPENSE
 PAID OR INCURRED BY THE TAXPAYER WHICH IS INCLUDED AS PART OF THE CALCU-
 LATION OF THIS CREDIT SHALL BE THE BASIS OF ANY OTHER TAX CREDIT ALLOWED
 UNDER THIS CHAPTER.
   (B)  ELIGIBILITY. TO BE ELIGIBLE FOR THE SMALL BUSINESS RETURN-TO-WORK
 TAX CREDIT, THE TAXPAYER SHALL HAVE BEEN ISSUED  A  CERTIFICATE  OF  TAX
 CREDIT BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO SUBDIVISION
 TWO  OF SECTION FOUR HUNDRED SIXTY-FOUR OF THE ECONOMIC DEVELOPMENT LAW,
 WHICH CERTIFICATE SHALL SET FORTH THE AMOUNT OF THE CREDIT THAT  MAY  BE
 CLAIMED  FOR  THE  TAXABLE  YEAR. THE TAXPAYER SHALL BE ALLOWED TO CLAIM
 ONLY THE AMOUNT LISTED ON THE CERTIFICATE OF TAX CREDIT FOR THAT TAXABLE
 YEAR. A TAXPAYER THAT IS A PARTNER IN A PARTNERSHIP, MEMBER OF A LIMITED
 LIABILITY COMPANY OR SHAREHOLDER IN A SUBCHAPTER S CORPORATION THAT  HAS
 RECEIVED A CERTIFICATE OF TAX CREDIT SHALL BE ALLOWED ITS PRO RATA SHARE
 OF  THE  CREDIT  EARNED BY THE PARTNERSHIP, LIMITED LIABILITY COMPANY OR
 SUBCHAPTER S CORPORATION.
   (C) TAX RETURN REQUIREMENT. THE TAXPAYER SHALL BE REQUIRED  TO  ATTACH
 TO  ITS TAX RETURN, IN THE FORM PRESCRIBED BY THE COMMISSIONER, PROOF OF
 RECEIPT OF ITS CERTIFICATE OF TAX CREDIT ISSUED BY THE  COMMISSIONER  OF
 THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
   (D)  INFORMATION  SHARING. NOTWITHSTANDING ANY PROVISION OF THIS CHAP-
 TER, EMPLOYEES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPART-
 MENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE:
   (1) INFORMATION DERIVED FROM TAX RETURNS OR REPORTS THAT  IS  RELEVANT
 TO  A  TAXPAYER'S  ELIGIBILITY  TO  PARTICIPATE  IN  THE  SMALL BUSINESS
 RETURN-TO-WORK TAX CREDIT PROGRAM;

 S. 2508                            128                           A. 3008
 
   (2) INFORMATION REGARDING THE CREDIT APPLIED FOR, ALLOWED  OR  CLAIMED
 PURSUANT  TO THIS SECTION AND TAXPAYERS THAT ARE APPLYING FOR THE CREDIT
 OR THAT ARE CLAIMING THE CREDIT; AND
   (3)  INFORMATION  CONTAINED  IN  OR  DERIVED  FROM  CREDIT CLAIM FORMS
 SUBMITTED TO THE DEPARTMENT AND  APPLICATIONS  FOR  ADMISSION  INTO  THE
 SMALL  BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM. EXCEPT AS PROVIDED IN
 PARAGRAPH TWO OF THIS SUBDIVISION, ALL INFORMATION EXCHANGED BETWEEN THE
 DEPARTMENT OF ECONOMIC DEVELOPMENT  AND  THE  DEPARTMENT  SHALL  NOT  BE
 SUBJECT  TO DISCLOSURE OR INSPECTION UNDER THE STATE'S FREEDOM OF INFOR-
 MATION LAW.
   (E) CREDIT RECAPTURE. IF A CERTIFICATE OF TAX  CREDIT  ISSUED  BY  THE
 DEPARTMENT  OF  ECONOMIC  DEVELOPMENT  UNDER  ARTICLE TWENTY-FOUR OF THE
 ECONOMIC DEVELOPMENT LAW IS REVOKED BY SUCH DEPARTMENT,  THE  AMOUNT  OF
 CREDIT  DESCRIBED  IN  THIS SECTION AND CLAIMED BY THE TAXPAYER PRIOR TO
 THAT REVOCATION SHALL BE ADDED BACK TO TAX IN THE TAXABLE YEAR IN  WHICH
 ANY SUCH REVOCATION BECOMES FINAL.
   (F)  CROSS  REFERENCES.  FOR APPLICATION OF THE CREDIT PROVIDED FOR IN
 THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
   (1) ARTICLE 9-A: SECTION 210-B, SUBDIVISION 55;
   (2) ARTICLE 22: SECTION 606, SUBSECTION (KKK).
   § 3. Section 210-B of the tax law is amended by adding a new  subdivi-
 sion 55 to read as follows:
   55. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CREDIT.
 A  TAXPAYER  SHALL  BE  ALLOWED  A CREDIT, TO BE COMPUTED AS PROVIDED IN
 SECTION FORTY-FIVE OF THIS CHAPTER, AGAINST THE TAXES  IMPOSED  BY  THIS
 ARTICLE.
   (B)  APPLICATION  OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
 FOR THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO  LESS
 THAN  THE  AMOUNT  PRESCRIBED  IN  PARAGRAPH  (D)  OF SUBDIVISION ONE OF
 SECTION TWO HUNDRED TEN OF THIS ARTICLE.   HOWEVER,  IF  THE  AMOUNT  OF
 CREDIT  ALLOWED  UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR REDUCES THE
 TAX TO SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX  BASED  ON  THE
 FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN
 SUCH  TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CRED-
 ITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE  THOU-
 SAND  EIGHTY-SIX  OF  THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF
 SUBSECTION (C) OF SECTION ONE  THOUSAND  EIGHTY-EIGHT  OF  THIS  CHAPTER
 NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.
   §  4. Section 606 of the tax law is amended by adding a new subsection
 (kkk) to read as follows:
   (KKK) SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. (1) ALLOWANCE OF CRED-
 IT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED  IN
 SECTION  FORTY-FIVE  OF  THIS  CHAPTER,  AGAINST THE TAX IMPOSED BY THIS
 ARTICLE.
   (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT  ALLOWED  UNDER
 THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH
 YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT-
 ED  OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED
 EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST WILL  BE
 PAID THEREON.
   §  5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
 of the tax law is amended by adding a  new  clause  (xlvi)  to  read  as
 follows:
 (XLVI) SMALL BUSINESS                AMOUNT OF CREDIT UNDER
 RETURN-TO-WORK TAX                   SUBDIVISION FIFTY-FIVE
 CREDIT                               OF SECTION TWO HUNDRED TEN-B

 S. 2508                            129                           A. 3008
 
   § 6. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section  1.  The  economic  development law is amended by adding a new
 article 25 to read as follows:
                                ARTICLE 25
               RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM
 SECTION 470. SHORT TITLE.
         471. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION.
         472. DEFINITIONS.
         473. ELIGIBILITY CRITERIA.
         474. APPLICATION AND APPROVAL PROCESS.
         475. RESTAURANT RETURN-TO-WORK TAX CREDIT.
         476. POWERS AND DUTIES OF THE COMMISSIONER.
         477. MAINTENANCE OF RECORDS.
         478. REPORTING.
         479. CAP ON TAX CREDIT.
   § 470. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
 THE "RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM ACT".
   § 471. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION. IT IS HEREBY
 FOUND  AND  DECLARED  THAT  NEW  YORK STATE NEEDS, AS A MATTER OF PUBLIC
 POLICY,  TO  CREATE  FINANCIAL  INCENTIVES  FOR  RESTAURANTS  THAT  HAVE
 SUFFERED  ECONOMIC  HARM  AS  A RESULT OF THE COVID-19 PANDEMIC TO EXPE-
 DITIOUSLY REHIRE WORKERS AND INCREASE TOTAL EMPLOYMENT.  THE  RESTAURANT
 RETURN-TO-WORK TAX CREDIT PROGRAM IS CREATED TO PROVIDE FINANCIAL INCEN-
 TIVES TO ECONOMICALLY HARMED RESTAURANTS TO OFFER RELIEF, EXPEDITE THEIR
 HIRING  EFFORTS,  AND  REDUCE  THE  DURATION AND SEVERITY OF THE CURRENT
 ECONOMIC DIFFICULTIES.
   § 472. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1. "AVERAGE FULL-TIME EMPLOYMENT" SHALL MEAN  THE  AVERAGE  NUMBER  OF
 FULL-TIME  EQUIVALENT  POSITIONS  EMPLOYED  BY  A  BUSINESS ENTITY IN AN
 ELIGIBLE INDUSTRY DURING A GIVEN PERIOD.
   2. "AVERAGE STARTING FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS  THE
 AVERAGE  NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A BUSINESS
 ENTITY IN AN ELIGIBLE INDUSTRY BETWEEN JANUARY FIRST, TWO THOUSAND TWEN-
 TY-ONE, AND MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-ONE.
   3. "AVERAGE ENDING FULL-TIME EMPLOYMENT" SHALL BE  CALCULATED  AS  THE
 AVERAGE  NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A BUSINESS
 ENTITY IN AN ELIGIBLE INDUSTRY BETWEEN APRIL FIRST, TWO  THOUSAND  TWEN-
 TY-ONE,  AND  EITHER  AUGUST  THIRTY-FIRST,  TWO THOUSAND TWENTY-ONE, OR
 DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, WHICHEVER DATE THE BUSI-
 NESS ENTITY CHOOSES TO USE.
   4. "CERTIFICATE OF TAX CREDIT" MEANS THE DOCUMENT ISSUED TO A BUSINESS
 ENTITY BY THE DEPARTMENT AFTER THE  DEPARTMENT  HAS  VERIFIED  THAT  THE
 BUSINESS  ENTITY  HAS  MET  ALL  APPLICABLE ELIGIBILITY CRITERIA IN THIS
 ARTICLE. THE CERTIFICATE SHALL SPECIFY THE EXACT AMOUNT OF THE TAX CRED-
 IT UNDER THIS ARTICLE THAT A BUSINESS  ENTITY  MAY  CLAIM,  PURSUANT  TO
 SECTION FOUR HUNDRED SEVENTY-FIVE OF THIS ARTICLE.
   5. "COMMISSIONER" SHALL MEAN COMMISSIONER OF THE DEPARTMENT OF ECONOM-
 IC DEVELOPMENT.
   6. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
   7. "ELIGIBLE INDUSTRY" MEANS A BUSINESS ENTITY OPERATING PREDOMINANTLY
 IN THE COVID-19 IMPACTED FOOD SERVICES SECTOR.

 S. 2508                            130                           A. 3008
 
   8. "NET EMPLOYEE INCREASE" MEANS AN INCREASE OF AT LEAST ONE FULL-TIME
 EQUIVALENT  EMPLOYEE  BETWEEN  THE AVERAGE STARTING FULL-TIME EMPLOYMENT
 AND THE AVERAGE ENDING FULL-TIME EMPLOYMENT OF A BUSINESS ENTITY.
   9. "COVID-19 IMPACTED FOOD SERVICES SECTOR" MEANS:
   (A)  INDEPENDENTLY  OWNED  ESTABLISHMENTS  THAT ARE LOCATED INSIDE THE
 CITY OF NEW YORK AND HAVE BEEN SUBJECTED TO A BAN ON INDOOR  DINING  FOR
 OVER  SIX  MONTHS  AND  ARE  PRIMARILY  ORGANIZED TO PREPARE AND PROVIDE
 MEALS, AND/OR BEVERAGES TO  CUSTOMERS  FOR  CONSUMPTION,  INCLUDING  FOR
 IMMEDIATE  INDOOR  ON-PREMISES  CONSUMPTION, AS FURTHER DEFINED IN REGU-
 LATIONS PURSUANT TO THIS ARTICLE; AND
   (B) INDEPENDENTLY OWNED ESTABLISHMENTS THAT ARE LOCATED OUTSIDE OF THE
 CITY OF NEW YORK IN AN AREA WHICH HAS BEEN AND/OR REMAINS DESIGNATED  BY
 THE  DEPARTMENT  OF HEALTH AS EITHER AN ORANGE ZONE OR RED ZONE PURSUANT
 TO EXECUTIVE ORDER 202.68 AS AMENDED, AND FOR WHICH SUCH DESIGNATION WAS
 OR HAS BEEN IN EFFECT AND RESULTED IN ADDITIONAL RESTRICTIONS ON  INDOOR
 DINING FOR AT LEAST THIRTY CONSECUTIVE DAYS, AND ARE PRIMARILY ORGANIZED
 TO PREPARE AND PROVIDE MEALS, AND/OR BEVERAGES TO CUSTOMERS FOR CONSUMP-
 TION, INCLUDING FOR IMMEDIATE INDOOR ON-PREMISES CONSUMPTION, AS FURTHER
 DEFINED IN REGULATIONS PURSUANT TO THIS ARTICLE.
   §  473. ELIGIBILITY CRITERIA. 1. TO BE ELIGIBLE FOR A TAX CREDIT UNDER
 THE RESTAURANT RETURN-TO-WORK TAX  CREDIT  PROGRAM,  A  BUSINESS  ENTITY
 MUST:
   (A)  BE  A SMALL BUSINESS AS DEFINED IN SECTION ONE HUNDRED THIRTY-ONE
 OF THIS CHAPTER AND HAVE FEWER THAN ONE  HUNDRED  FULL-TIME  JOB  EQUIV-
 ALENTS IN NEW YORK STATE AS OF APRIL FIRST, TWO THOUSAND TWENTY-ONE;
   (B)  OPERATE  A  BUSINESS LOCATION IN NEW YORK STATE THAT IS PRIMARILY
 ORGANIZED TO ACCEPT PAYMENT FOR MEALS AND/OR  BEVERAGES  INCLUDING  FROM
 IN-PERSON CUSTOMERS;
   (C)  OPERATE  PREDOMINANTLY  IN  THE  COVID-19  IMPACTED FOOD SERVICES
 SECTOR; PROVIDED, HOWEVER,  THAT  THE  DEPARTMENT,  IN  ITS  REGULATIONS
 PROMULGATED  PURSUANT  TO THIS ARTICLE, SHALL HAVE THE AUTHORITY TO LIST
 CERTAIN TYPES OF ESTABLISHMENTS AS INELIGIBLE;
   (D) HAVE EXPERIENCED ECONOMIC HARM AS A RESULT OF THE  COVID-19  EMER-
 GENCY  AS EVIDENCED BY A YEAR-TO-YEAR DECREASE OF AT LEAST FORTY PERCENT
 IN NEW YORK STATE BETWEEN THE SECOND QUARTER OF  TWO  THOUSAND  NINETEEN
 AND  THE  SECOND  QUARTER OF TWO THOUSAND TWENTY OR THE THIRD QUARTER OF
 TWO THOUSAND NINETEEN AND THE THIRD QUARTER OF TWO THOUSAND  TWENTY  FOR
 ONE OR BOTH OF: (I) GROSS RECEIPTS OR (II) AVERAGE FULL-TIME EMPLOYMENT;
 AND
   (E) HAVE DEMONSTRATED A NET EMPLOYEE INCREASE.
   2. A BUSINESS ENTITY MUST BE IN SUBSTANTIAL COMPLIANCE WITH ANY PUBLIC
 HEALTH  OR OTHER EMERGENCY ORDERS OR REGULATIONS RELATED TO THE ENTITY'S
 SECTOR OR OTHER LAWS AND REGULATIONS AS DETERMINED BY THE  COMMISSIONER.
 IN ADDITION, A BUSINESS ENTITY MAY NOT OWE PAST DUE STATE TAXES OR LOCAL
 PROPERTY TAXES UNLESS THE BUSINESS ENTITY IS MAKING PAYMENTS AND COMPLY-
 ING  WITH  AN  APPROVED  BINDING PAYMENT AGREEMENT ENTERED INTO WITH THE
 TAXING AUTHORITY.
   § 474. APPLICATION AND APPROVAL PROCESS. 1.  A  BUSINESS  ENTITY  MUST
 SUBMIT A COMPLETE APPLICATION AS PRESCRIBED BY THE COMMISSIONER.
   2.  THE  COMMISSIONER  SHALL  ESTABLISH PROCEDURES AND A TIMEFRAME FOR
 BUSINESS ENTITIES TO SUBMIT APPLICATIONS. AS PART  OF  THE  APPLICATION,
 EACH BUSINESS ENTITY MUST:
   (A)  PROVIDE  EVIDENCE  IN A FORM AND MANNER PRESCRIBED BY THE COMMIS-
 SIONER OF THEIR BUSINESS ELIGIBILITY;
   (B) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE THE
 BUSINESS ENTITY'S TAX INFORMATION  WITH  THE  DEPARTMENT.  HOWEVER,  ANY

 S. 2508                            131                           A. 3008
 
 INFORMATION  SHARED  AS  A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE
 FOR DISCLOSURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW;
   (C)  AGREE  TO  ALLOW  THE  DEPARTMENT  OF  LABOR TO SHARE ITS TAX AND
 EMPLOYER INFORMATION  WITH  THE  DEPARTMENT.  HOWEVER,  ANY  INFORMATION
 SHARED AS A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE FOR DISCLOSURE
 OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW;
   (D)  ALLOW  THE  DEPARTMENT AND ITS AGENTS ACCESS TO ANY AND ALL BOOKS
 AND RECORDS THE DEPARTMENT MAY REQUIRE TO MONITOR COMPLIANCE;
   (E) CERTIFY, UNDER PENALTY OF  PERJURY,  THAT  IT  IS  IN  SUBSTANTIAL
 COMPLIANCE  WITH  ALL  EMERGENCY  ORDERS  OR  PUBLIC  HEALTH REGULATIONS
 CURRENTLY REQUIRED OF SUCH ENTITY, AND LOCAL, AND STATE TAX LAWS; AND
   (F) AGREE TO  PROVIDE  ANY  ADDITIONAL  INFORMATION  REQUIRED  BY  THE
 DEPARTMENT RELEVANT TO THIS ARTICLE.
   3. AFTER REVIEWING A BUSINESS ENTITY'S COMPLETED FINAL APPLICATION AND
 DETERMINING  THAT  THE BUSINESS ENTITY MEETS THE ELIGIBILITY CRITERIA AS
 SET FORTH IN THIS ARTICLE, THE DEPARTMENT MAY  ISSUE  TO  THAT  BUSINESS
 ENTITY  A CERTIFICATE OF TAX CREDIT. A BUSINESS ENTITY MAY CLAIM THE TAX
 CREDIT IN THE TAXABLE YEAR  THAT  INCLUDES  DECEMBER  THIRTY-FIRST,  TWO
 THOUSAND TWENTY-ONE.
   §  475.  RESTAURANT RETURN-TO-WORK TAX CREDIT. 1. A BUSINESS ENTITY IN
 THE RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM THAT MEETS  THE  ELIGI-
 BILITY  REQUIREMENTS OF SECTION FOUR HUNDRED SEVENTY-THREE OF THIS ARTI-
 CLE MAY BE ELIGIBLE TO CLAIM A CREDIT EQUAL TO FIVE THOUSAND DOLLARS PER
 EACH FULL-TIME EQUIVALENT NET EMPLOYEE INCREASE AS DEFINED  IN  SUBDIVI-
 SION EIGHT OF SECTION FOUR HUNDRED SEVENTY-TWO OF THIS ARTICLE.
   2.  A  BUSINESS  ENTITY,  INCLUDING  A  PARTNERSHIP, LIMITED LIABILITY
 COMPANY AND SUBCHAPTER S CORPORATION, MAY NOT RECEIVE IN EXCESS OF FIFTY
 THOUSAND DOLLARS IN TAX CREDITS UNDER THIS PROGRAM.
   3. THE CREDIT SHALL BE ALLOWED  AS  PROVIDED  IN  SECTIONS  FORTY-SIX,
 SUBDIVISION  FIFTY-SIX OF SECTION TWO HUNDRED TEN-B AND SUBSECTION (LLL)
 OF SECTION SIX HUNDRED SIX OF THE TAX LAW.
   § 476. POWERS AND DUTIES OF THE COMMISSIONER. 1. THE COMMISSIONER  MAY
 PROMULGATE REGULATIONS ESTABLISHING AN APPLICATION PROCESS AND ELIGIBIL-
 ITY  CRITERIA, THAT WILL BE APPLIED CONSISTENT WITH THE PURPOSES OF THIS
 ARTICLE, SO AS NOT TO EXCEED THE ANNUAL CAP ON TAX CREDITS SET FORTH  IN
 SECTION FOUR HUNDRED SEVENTY-NINE OF THIS ARTICLE WHICH, NOTWITHSTANDING
 ANY  PROVISIONS  TO  THE  CONTRARY IN THE STATE ADMINISTRATIVE PROCEDURE
 ACT, MAY BE ADOPTED ON AN EMERGENCY BASIS.
   2. THE COMMISSIONER SHALL, IN  CONSULTATION  WITH  THE  DEPARTMENT  OF
 TAXATION  AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT THAT SHALL BE
 ISSUED BY THE COMMISSIONER  TO  ELIGIBLE  BUSINESSES.  SUCH  CERTIFICATE
 SHALL CONTAIN SUCH INFORMATION AS REQUIRED BY THE DEPARTMENT OF TAXATION
 AND FINANCE.
   3.  THE  COMMISSIONER  SHALL  SOLELY  DETERMINE THE ELIGIBILITY OF ANY
 APPLICANT APPLYING FOR ENTRY INTO THE PROGRAM AND SHALL REMOVE ANY BUSI-
 NESS ENTITY FROM THE PROGRAM FOR FAILING TO MEET ANY OF THE REQUIREMENTS
 SET FORTH IN SECTION FOUR HUNDRED SEVENTY-THREE OF THIS ARTICLE, OR  FOR
 FAILING TO MEET THE REQUIREMENTS SET FORTH IN SUBDIVISION ONE OF SECTION
 FOUR HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
   §  477.  MAINTENANCE OF RECORDS. EACH BUSINESS ENTITY PARTICIPATING IN
 THE PROGRAM SHALL KEEP  ALL  RELEVANT  RECORDS  FOR  THEIR  DURATION  OF
 PROGRAM PARTICIPATION FOR AT LEAST THREE YEARS.
   §  478.  REPORTING. EACH BUSINESS ENTITY PARTICIPATING IN THIS PROGRAM
 MUST SUBMIT A PERFORMANCE REPORT TO THE DEPARTMENT AT A TIME  PRESCRIBED
 IN REGULATIONS BY THE COMMISSIONER.

 S. 2508                            132                           A. 3008
 
   §  479.  CAP  ON TAX CREDIT. THE TOTAL AMOUNT OF TAX CREDITS LISTED ON
 CERTIFICATES OF TAX CREDIT ISSUED BY THE COMMISSIONER PURSUANT  TO  THIS
 ARTICLE MAY NOT EXCEED FIFTY MILLION DOLLARS.
   §  2.  The  tax  law  is amended by adding a new section 46 to read as
 follows:
   § 46. RESTAURANT RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CREDIT. A
 TAXPAYER SUBJECT TO TAX UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAP-
 TER SHALL BE  ALLOWED  A  CREDIT  AGAINST  SUCH  TAX,  PURSUANT  TO  THE
 PROVISIONS  REFERENCED IN SUBDIVISION (F) OF THIS SECTION. THE AMOUNT OF
 THE CREDIT IS EQUAL TO THE AMOUNT DETERMINED PURSUANT  TO  SECTION  FOUR
 HUNDRED SEVENTY-FIVE OF THE ECONOMIC DEVELOPMENT LAW. NO COST OR EXPENSE
 PAID OR INCURRED BY THE TAXPAYER WHICH IS INCLUDED AS PART OF THE CALCU-
 LATION OF THIS CREDIT SHALL BE THE BASIS OF ANY OTHER TAX CREDIT ALLOWED
 UNDER THIS CHAPTER.
   (B)  ELIGIBILITY. TO BE ELIGIBLE FOR THE RESTAURANT RETURN-TO-WORK TAX
 CREDIT, THE TAXPAYER SHALL HAVE BEEN ISSUED A CERTIFICATE OF TAX  CREDIT
 BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO SUBDIVISION TWO OF
 SECTION FOUR HUNDRED SEVENTY-FOUR OF THE ECONOMIC DEVELOPMENT LAW, WHICH
 CERTIFICATE SHALL SET FORTH THE AMOUNT OF THE CREDIT THAT MAY BE CLAIMED
 FOR  THE  TAXABLE  YEAR. THE TAXPAYER SHALL BE ALLOWED TO CLAIM ONLY THE
 AMOUNT LISTED ON THE CERTIFICATE OF TAX CREDIT FOR THAT TAXABLE YEAR.  A
 TAXPAYER THAT IS A PARTNER IN A PARTNERSHIP, MEMBER OF A LIMITED LIABIL-
 ITY  COMPANY  OR  SHAREHOLDER  IN  A  SUBCHAPTER  S CORPORATION THAT HAS
 RECEIVED A CERTIFICATE OF TAX CREDIT SHALL BE ALLOWED ITS PRO RATA SHARE
 OF THE CREDIT EARNED BY THE PARTNERSHIP, LIMITED  LIABILITY  COMPANY  OR
 SUBCHAPTER S CORPORATION.
   (C) TAX RETURN REQUIREMENT AND ADVANCE PAYMENT OPTION. (1) THE TAXPAY-
 ER  SHALL BE REQUIRED TO ATTACH TO ITS TAX RETURN IN THE FORM PRESCRIBED
 BY THE COMMISSIONER, PROOF OF RECEIPT OF ITS CERTIFICATE OF  TAX  CREDIT
 ISSUED BY THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
   (2)  TAXPAYERS  WHO  CHOOSE  TO  USE AUGUST THIRTY-FIRST, TWO THOUSAND
 TWENTY-ONE AS THE LAST DATE TO CALCULATE THEIR AVERAGE ENDING  FULL-TIME
 EMPLOYMENT AND HAVE RECEIVED THEIR CERTIFICATE OF TAX CREDIT BY NOVEMBER
 FIFTEENTH,  TWO  THOUSAND TWENTY-ONE SHALL HAVE THE OPTION TO REQUEST AN
 ADVANCE PAYMENT OF THE AMOUNT OF TAX CREDIT THEY ARE ALLOWED UNDER  THIS
 SECTION.  A  TAXPAYER  MUST SUBMIT SUCH REQUEST TO THE DEPARTMENT IN THE
 MANNER PRESCRIBED BY THE COMMISSIONER AFTER IT HAS BEEN ISSUED A CERTIF-
 ICATE OF TAX CREDIT BY THE DEPARTMENT OF ECONOMIC  DEVELOPMENT  PURSUANT
 TO  SUBDIVISION TWO OF SECTION FOUR HUNDRED SEVENTY-FOUR OF THE ECONOMIC
 DEVELOPMENT LAW (OR SUCH CERTIFICATE HAS BEEN ISSUED TO  A  PARTNERSHIP,
 LIMITED  LIABILITY  COMPANY OR SUBCHAPTER S CORPORATION IN WHICH IT IS A
 PARTNER, MEMBER OR SHAREHOLDER, RESPECTIVELY), BUT SUCH REQUEST MUST  BE
 SUBMITTED NO LATER THAN NOVEMBER FIFTEENTH, TWO THOUSAND TWENTY-ONE. FOR
 THOSE  TAXPAYERS  WHO HAVE REQUESTED AN ADVANCE PAYMENT AND FOR WHOM THE
 COMMISSIONER HAS DETERMINED ELIGIBLE FOR THIS CREDIT,  THE  COMMISSIONER
 SHALL  ADVANCE  A  PAYMENT  OF  THE  TAX CREDIT ALLOWED TO THE TAXPAYER.
 HOWEVER, IN THE CASE OF A TAXPAYER SUBJECT TO  ARTICLE  NINE-A  OF  THIS
 CHAPTER,  SUCH PAYMENT SHALL BE EQUAL TO THE AMOUNT OF CREDIT ALLOWED TO
 THE TAXPAYER LESS TWENTY-FIVE DOLLARS.  SUCH TWENTY-FIVE  DOLLARS  SHALL
 REPRESENT  A  PARTIAL  PAYMENT OF TAX OWED BY THE TAXPAYER UNDER ARTICLE
 NINE-A, INCLUDING ANY FIXED DOLLAR MINIMUM OWED UNDER PARAGRAPH  (D)  OF
 SUBDIVISION  ONE  OF  SECTION  TWO  HUNDRED  TEN OF THIS CHAPTER. WHEN A
 TAXPAYER FILES ITS RETURN FOR THE  TAXABLE  YEAR,  SUCH  TAXPAYER  SHALL
 PROPERLY  RECONCILE THE ADVANCE PAYMENT AND ANY PARTIAL PAYMENT OF FIXED
 DOLLAR MINIMUM TAX, IF APPLICABLE, ON THE TAXPAYER'S RETURN.

 S. 2508                            133                           A. 3008
 
   (D) INFORMATION SHARING. NOTWITHSTANDING ANY PROVISION OF  THIS  CHAP-
 TER, EMPLOYEES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPART-
 MENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE:
   (1)  INFORMATION  DERIVED FROM TAX RETURNS OR REPORTS THAT IS RELEVANT
 TO A TAXPAYER'S ELIGIBILITY TO PARTICIPATE IN THE RESTAURANT  RETURN-TO-
 WORK TAX CREDIT PROGRAM;
   (2)  INFORMATION  REGARDING THE CREDIT APPLIED FOR, ALLOWED OR CLAIMED
 PURSUANT TO THIS SECTION AND TAXPAYERS THAT ARE APPLYING FOR THE  CREDIT
 OR THAT ARE CLAIMING THE CREDIT; AND
   (3)  INFORMATION  CONTAINED  IN  OR  DERIVED  FROM  CREDIT CLAIM FORMS
 SUBMITTED TO THE DEPARTMENT AND  APPLICATIONS  FOR  ADMISSION  INTO  THE
 RESTAURANT  RETURN-TO-WORK  TAX  CREDIT  PROGRAM.  EXCEPT AS PROVIDED IN
 PARAGRAPH TWO OF THIS SUBDIVISION, ALL INFORMATION EXCHANGED BETWEEN THE
 DEPARTMENT OF ECONOMIC DEVELOPMENT  AND  THE  DEPARTMENT  SHALL  NOT  BE
 SUBJECT  TO DISCLOSURE OR INSPECTION UNDER THE STATE'S FREEDOM OF INFOR-
 MATION LAW.
   (E) CREDIT RECAPTURE. IF A CERTIFICATE OF TAX  CREDIT  ISSUED  BY  THE
 DEPARTMENT  OF  ECONOMIC  DEVELOPMENT  UNDER  ARTICLE TWENTY-FIVE OF THE
 ECONOMIC DEVELOPMENT LAW IS REVOKED BY SUCH DEPARTMENT,  THE  AMOUNT  OF
 CREDIT  DESCRIBED  IN  THIS SECTION AND CLAIMED BY THE TAXPAYER PRIOR TO
 THAT REVOCATION SHALL BE ADDED BACK TO TAX IN THE TAXABLE YEAR IN  WHICH
 ANY SUCH REVOCATION BECOMES FINAL.
   (F)  CROSS  REFERENCES.  FOR APPLICATION OF THE CREDIT PROVIDED FOR IN
 THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
   (1) ARTICLE 9-A: SECTION 210-B, SUBDIVISION 56;
   (2) ARTICLE 22: SECTION 606, SUBSECTION (LLL).
   § 3. Section 210-B of the tax law is amended by adding a new  subdivi-
 sion 56 to read as follows:
   56.  RESTAURANT  RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CREDIT. A
 TAXPAYER SHALL BE ALLOWED A  CREDIT,  TO  BE  COMPUTED  AS  PROVIDED  IN
 SECTION  FORTY-SIX  OF  THIS  CHAPTER, AGAINST THE TAXES IMPOSED BY THIS
 ARTICLE.
   (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER  THIS  SUBDIVISION
 FOR  THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
 THAN THE AMOUNT PRESCRIBED  IN  PARAGRAPH  (D)  OF  SUBDIVISION  ONE  OF
 SECTION  TWO  HUNDRED  TEN  OF THIS ARTICLE.   HOWEVER, IF THE AMOUNT OF
 CREDIT ALLOWED UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR  REDUCES  THE
 TAX  TO  SUCH  AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE
 FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN
 SUCH TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE  CRED-
 ITED  OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOU-
 SAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER,  THE  PROVISIONS  OF
 SUBSECTION  (C)  OF  SECTION  ONE  THOUSAND EIGHTY-EIGHT OF THIS CHAPTER
 NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.
   § 4. Section 606 of the tax law is amended by adding a new  subsection
 (lll) to read as follows:
   (LLL)  RESTAURANT  RETURN-TO-WORK TAX CREDIT. (1) ALLOWANCE OF CREDIT.
 A TAXPAYER SHALL BE ALLOWED A CREDIT, TO  BE  COMPUTED  AS  PROVIDED  IN
 SECTION FORTY-SIX OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTI-
 CLE.
   (2)  APPLICATION  OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER
 THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH
 YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT-
 ED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX  HUNDRED
 EIGHTY-SIX  OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST WILL BE
 PAID THEREON.

 S. 2508                            134                           A. 3008
 
   § 5. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
 of  the  tax  law  is  amended by adding a new clause (xlvii) to read as
 follows:
 (XLVII) RESTAURANT RETURN-TO-WORK    AMOUNT OF CREDIT UNDER
 TAX CREDIT                           SUBDIVISION FIFTY-SIX OF
                                      SECTION TWO HUNDRED TEN-B
   § 6. This act shall take effect immediately.
 
                                 SUBPART C

   Section 1. The tax law is amended by adding a new section 24-c to read
 as follows:
   §  24-C.  NEW  YORK CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT.
 (A) (1) ALLOWANCE OF CREDIT. A TAXPAYER THAT IS  A  QUALIFIED  NEW  YORK
 CITY  MUSICAL AND THEATRICAL PRODUCTION COMPANY, OR IS A SOLE PROPRIETOR
 OF OR A MEMBER OF A PARTNERSHIP  THAT  IS  A  QUALIFIED  NEW  YORK  CITY
 MUSICAL  AND  THEATRICAL  PRODUCTION COMPANY, AND THAT IS SUBJECT TO TAX
 UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAPTER, SHALL BE  ALLOWED  A
 CREDIT  AGAINST  SUCH  TAX,  PURSUANT  TO  THE PROVISIONS REFERRED TO IN
 SUBDIVISION (D) OF THIS SECTION, AND TO BE COMPUTED AS PROVIDED IN  THIS
 SECTION.
   (2)  THE  AMOUNT OF THE CREDIT SHALL BE THE PRODUCT (OR PRO RATA SHARE
 OF THE PRODUCT, IN THE CASE OF A MEMBER OF A PARTNERSHIP) OF TWENTY-FIVE
 PERCENT AND THE SUM OF THE QUALIFIED PRODUCTION  EXPENDITURES  PAID  FOR
 DURING  THE  QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION'S
 CREDIT PERIOD. PROVIDED HOWEVER THAT THE AMOUNT  OF  THE  CREDIT  CANNOT
 EXCEED FIVE HUNDRED THOUSAND DOLLARS PER QUALIFIED NEW YORK CITY MUSICAL
 AND THEATRICAL PRODUCTION COMPANY.
   (3)  NO QUALIFIED PRODUCTION EXPENDITURES USED BY A TAXPAYER EITHER AS
 THE BASIS FOR THE ALLOWANCE OF THE  CREDIT  PROVIDED  PURSUANT  TO  THIS
 SECTION  OR  USED  IN THE CALCULATION OF THE CREDIT PROVIDED PURSUANT TO
 THIS SECTION SHALL BE USED BY SUCH TAXPAYER TO CLAIM  ANY  OTHER  CREDIT
 ALLOWED PURSUANT TO THIS CHAPTER.
   (B)  DEFINITIONS.  AS  USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (1) "QUALIFIED MUSICAL AND THEATRICAL PRODUCTION" MEANS  A  FOR-PROFIT
 LIVE,  DRAMATIC  STAGE  PRESENTATION  THAT,  IN ITS ORIGINAL OR ADAPTIVE
 VERSION, IS PERFORMED IN A QUALIFIED NEW YORK CITY PRODUCTION  FACILITY,
 WHETHER  OR  NOT  SUCH  PRODUCTION WAS PERFORMED IN A QUALIFIED NEW YORK
 CITY PRODUCTION FACILITY PRIOR TO MARCH TWELFTH, TWO THOUSAND TWENTY.
   (2) "QUALIFIED PRODUCTION EXPENDITURE" MEANS ANY  COSTS  FOR  TANGIBLE
 PROPERTY  USED  AND SERVICES PERFORMED DIRECTLY AND PREDOMINANTLY IN THE
 PRODUCTION OF A QUALIFIED MUSICAL AND THEATRICAL PRODUCTION  WITHIN  THE
 CITY  OF  NEW YORK, INCLUDING: (I) EXPENDITURES FOR DESIGN, CONSTRUCTION
 AND OPERATION, INCLUDING SETS, SPECIAL  AND  VISUAL  EFFECTS,  COSTUMES,
 WARDROBES,  MAKE-UP, ACCESSORIES AND COSTS ASSOCIATED WITH SOUND, LIGHT-
 ING, AND STAGING; (II) ALL SALARIES, WAGES, FEES, AND OTHER COMPENSATION
 INCLUDING RELATED BENEFITS FOR SERVICES PERFORMED  OF  WHICH  THE  TOTAL
 ALLOWABLE  EXPENSE  SHALL  NOT  EXCEED  TWO HUNDRED THOUSAND DOLLARS PER
 WEEK; AND (III) TECHNICAL AND CREW PRODUCTION COSTS,  SUCH  AS  EXPENDI-
 TURES  FOR  A  QUALIFIED  NEW YORK CITY PRODUCTION FACILITY, OR ANY PART
 THEREOF, PROPS, MAKE-UP, WARDROBE, COSTUMES, EQUIPMENT USED FOR  SPECIAL
 AND  VISUAL  EFFECTS,  SOUND  RECORDING, SET CONSTRUCTION, AND LIGHTING.
 QUALIFIED PRODUCTION EXPENDITURE DOES NOT  INCLUDE  ANY  COSTS  INCURRED
 PRIOR TO MARCH THIRTEENTH, TWO THOUSAND TWENTY.

 S. 2508                            135                           A. 3008
 
   (3)  "QUALIFIED  NEW  YORK  CITY PRODUCTION FACILITY" MEANS A FACILITY
 LOCATED WITHIN THE CITY  OF  NEW  YORK  (I)  IN  WHICH  LIVE  THEATRICAL
 PRODUCTIONS  ARE  OR  ARE  INTENDED TO BE PRIMARILY PRESENTED, (II) THAT
 CONTAINS AT LEAST ONE STAGE, A SEATING CAPACITY OF FIVE HUNDRED OR  MORE
 SEATS,  AND DRESSING ROOMS, STORAGE AREAS, AND OTHER ANCILLARY AMENITIES
 NECESSARY FOR THE QUALIFIED MUSICAL AND THEATRICAL PRODUCTION, AND (III)
 FOR WHICH RECEIPTS ATTRIBUTABLE TO TICKET SALES CONSTITUTE  SEVENTY-FIVE
 PERCENT OR MORE OF GROSS RECEIPTS OF THE FACILITY.
   (4)  "QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION COMPA-
 NY" IS A CORPORATION, PARTNERSHIP, LIMITED PARTNERSHIP, OR OTHER  ENTITY
 OR  INDIVIDUAL WHICH OR WHO (I) IS PRINCIPALLY ENGAGED IN THE PRODUCTION
 OF A QUALIFIED MUSICAL OR THEATRICAL PRODUCTION THAT IS TO BE  PERFORMED
 IN  A QUALIFIED NEW YORK CITY PRODUCTION FACILITY, AND (II) HAS EXPENDED
 AT LEAST ONE MILLION DOLLARS IN QUALIFIED PRODUCTION EXPENDITURES ON THE
 QUALIFIED MUSICAL AND THEATRICAL PRODUCTION AT THE TIME OF ITS  APPLICA-
 TION  TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR A TAX CREDIT CERTIF-
 ICATE AUTHORIZED UNDER THIS SECTION.
   (5) (I) "THE CREDIT PERIOD OF A QUALIFIED NEW YORK  CITY  MUSICAL  AND
 THEATRICAL  PRODUCTION COMPANY" IS THE PERIOD STARTING ON THE PRODUCTION
 START DATE AND ENDING ON THE EARLIER OF DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-ONE  OR  THE  DATE  THE  QUALIFIED  MUSICAL  AND  THEATRICAL
 PRODUCTION CLOSES.
   (II)  "THE  PRODUCTION START DATE" IS THE DATE THAT IS SIX WEEKS PRIOR
 TO THE  FIRST  PERFORMANCE  OF  THE  QUALIFIED  MUSICAL  AND  THEATRICAL
 PRODUCTION.
   (C)  THE  CREDIT SHALL BE ALLOWED FOR THE TAXABLE YEAR BEGINNING ON OR
 AFTER JANUARY FIRST, TWO THOUSAND TWENTY-ONE BUT BEFORE  JANUARY  FIRST,
 TWO THOUSAND TWENTY-TWO.
   (D)  CROSS-REFERENCES.  FOR  APPLICATION OF THE CREDIT PROVIDED FOR IN
 THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
   (1) ARTICLE 9-A: SECTION 210-B: SUBDIVISION 57;
   (2) ARTICLE 22: SECTION 606: SUBSECTION (MMM).
   (E) NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER, (I)  EMPLOYEES  AND
 OFFICERS  OF  THE  DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPARTMENT
 SHALL BE ALLOWED AND ARE DIRECTED  TO  SHARE  AND  EXCHANGE  INFORMATION
 REGARDING  THE CREDITS APPLIED FOR, ALLOWED, OR CLAIMED PURSUANT TO THIS
 SECTION AND TAXPAYERS WHO ARE APPLYING FOR CREDITS OR WHO  ARE  CLAIMING
 CREDITS, INCLUDING INFORMATION CONTAINED IN OR DERIVED FROM CREDIT CLAIM
 FORMS  SUBMITTED  TO  THE  DEPARTMENT AND APPLICATIONS FOR CERTIFICATION
 SUBMITTED TO THE  DEPARTMENT  OF  ECONOMIC  DEVELOPMENT,  AND  (II)  THE
 COMMISSIONER AND THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOP-
 MENT  MAY RELEASE THE NAMES AND ADDRESSES OF ANY QUALIFIED NEW YORK CITY
 MUSICAL AND THEATRICAL PRODUCTION COMPANY ENTITLED TO CLAIM THIS  CREDIT
 AND THE AMOUNT OF THE CREDIT EARNED BY SUCH COMPANY.
   (F) MAXIMUM AMOUNT OF CREDITS. (1) THE AGGREGATE AMOUNT OF TAX CREDITS
 ALLOWED  UNDER  THIS  SECTION,  SUBDIVISION  FIFTY-SEVEN  OF SECTION TWO
 HUNDRED TEN-B AND SUBSECTION (MMM) OF SECTION SIX HUNDRED  SIX  OF  THIS
 CHAPTER  SHALL BE TWENTY-FIVE MILLION DOLLARS.  SUCH AGGREGATE AMOUNT OF
 CREDITS SHALL BE ALLOCATED BY THE  DEPARTMENT  OF  ECONOMIC  DEVELOPMENT
 AMONG  TAXPAYERS  IN  ORDER OF PRIORITY BASED UPON THE DATE OF FILING AN
 APPLICATION FOR ALLOCATION OF THE NEW YORK CITY MUSICAL  AND  THEATRICAL
 PRODUCTION TAX CREDIT WITH SUCH DEPARTMENT.
   (2)  THE  COMMISSIONER  OF ECONOMIC DEVELOPMENT, AFTER CONSULTING WITH
 THE COMMISSIONER, SHALL PROMULGATE REGULATIONS TO  ESTABLISH  PROCEDURES
 FOR  THE  ALLOCATION  OF  TAX  CREDITS AS REQUIRED BY THIS SECTION. SUCH
 RULES AND REGULATIONS SHALL INCLUDE PROVISIONS DESCRIBING  THE  APPLICA-

 S. 2508                            136                           A. 3008
 
 TION  PROCESS,  THE  DUE DATES FOR SUCH APPLICATIONS, THE STANDARDS THAT
 WILL BE USED TO EVALUATE THE APPLICATIONS, THE DOCUMENTATION  THAT  WILL
 BE  PROVIDED  BY APPLICANTS TO SUBSTANTIATE TO THE DEPARTMENT THE AMOUNT
 OF  QUALIFIED PRODUCTION EXPENDITURES OF SUCH APPLICANTS, AND SUCH OTHER
 PROVISIONS AS DEEMED  NECESSARY  AND  APPROPRIATE.  NOTWITHSTANDING  ANY
 OTHER  PROVISIONS  TO THE CONTRARY IN THE STATE ADMINISTRATIVE PROCEDURE
 ACT, SUCH RULES AND REGULATIONS MAY BE ADOPTED ON AN EMERGENCY BASIS.
   (G) ANY QUALIFIED NEW YORK  CITY  MUSICAL  AND  THEATRICAL  PRODUCTION
 COMPANY  THAT  PERFORMS IN A QUALIFIED NEW YORK CITY PRODUCTION FACILITY
 AND APPLIES TO RECEIVE A CREDIT UNDER THIS SECTION SHALL BE REQUIRED TO:
 (1) PARTICIPATE IN A NEW YORK STATE  DIVERSITY  AND  ARTS  JOB  TRAINING
 PROGRAM; (2) CREATE AND IMPLEMENT A PLAN TO ENSURE THAT THEIR PRODUCTION
 IS  AVAILABLE  AND ACCESSIBLE FOR LOW-OR NO-COST TO LOW INCOME NEW YORK-
 ERS; AND (3) CONTRIBUTE TO THE NEW  YORK  STATE  COUNCIL  ON  THE  ARTS,
 CULTURAL PROGRAM FUND AN AMOUNT UP TO FIFTY PERCENT OF THE TOTAL CREDITS
 RECEIVED  IF  SUCH  PRODUCTION COMPANY EARNS REVENUE PROSPECTIVELY AFTER
 RECEIPT OF THE CREDIT THAT IS AT LEAST EQUAL TO TWO HUNDRED  PERCENT  OF
 ITS  PRODUCTION COSTS, WITH SUCH AMOUNT PAYABLE FROM TWENTY-FIVE PERCENT
 OF NET OPERATING PROFITS, SUCH AMOUNTS PAYABLE ON A  MONTHLY  BASIS,  UP
 UNTIL  SUCH  FIFTY  PERCENT  OF  THE TOTAL CREDIT AMOUNT IS REACHED. ANY
 FUNDS DEPOSITED PURSUANT TO THIS SUBDIVISION SHALL BE USED FOR ARTS  AND
 CULTURAL  EDUCATIONAL  AND  WORKFORCE DEVELOPMENT PROGRAMS IN-SCHOOL AND
 COMMUNITY-BASED ORGANIZATIONS.
   § 2. Section 210-B of the tax law is amended by adding a new  subdivi-
 sion 57 to read as follows:
   57.  NEW  YORK  CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT. (A)
 ALLOWANCE OF CREDIT. A  TAXPAYER  SHALL  BE  ALLOWED  A  CREDIT,  TO  BE
 COMPUTED  AS  PROVIDED IN SECTION TWENTY-FOUR-C OF THIS CHAPTER, AGAINST
 THE TAXES IMPOSED BY THIS ARTICLE.
   (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER  THIS  SUBDIVISION
 FOR  THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
 THAN THE AMOUNT PRESCRIBED  IN  PARAGRAPH  (D)  OF  SUBDIVISION  ONE  OF
 SECTION  TWO  HUNDRED  TEN  OF THIS ARTICLE.   HOWEVER, IF THE AMOUNT OF
 CREDIT ALLOWED UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR  REDUCES  THE
 TAX  TO  SUCH  AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE
 FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN
 SUCH TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE  CRED-
 ITED  OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOU-
 SAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER,  THE  PROVISIONS  OF
 SUBSECTION  (C)  OF  SECTION  ONE  THOUSAND EIGHTY-EIGHT OF THIS CHAPTER
 NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON.
   § 3. Section 606 of the tax law is amended by adding a new  subsection
 (mmm) to read as follows:
   (MMM)  NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT. (1)
 ALLOWANCE OF CREDIT. A  TAXPAYER  SHALL  BE  ALLOWED  A  CREDIT,  TO  BE
 COMPUTED  AS  PROVIDED IN SECTION TWENTY-FOUR-C OF THIS CHAPTER, AGAINST
 THE TAX IMPOSED BY THIS ARTICLE.
   (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT  ALLOWED  UNDER
 THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH
 YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT-
 ED  OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED
 EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE
 PAID THEREON.
   § 4. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
 of  the  tax  law  is amended by adding a new clause (xlviii) to read as
 follows:

 S. 2508                            137                           A. 3008
 
 (XLVIII) NEW YORK CITY MUSICAL       AMOUNT OF CREDIT UNDER
 AND THEATRICAL PRODUCTION            SUBDIVISION FIFTY-SEVEN OF
 TAX CREDIT                           SECTION TWO HUNDRED TEN-B
   § 5. The state finance law is amended by adding a new section 99-ii to
 read as follows:
   §  99-II.  NEW YORK STATE ARTS AND CULTURAL PROGRAMS FUND. 1. THERE IS
 HEREBY ESTABLISHED IN THE JOINT CUSTODY OF  THE  STATE  COMPTROLLER  AND
 COMMISSIONER  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
 "NEW YORK STATE ARTS AND CULTURAL PROGRAM FUND".
   2. SUCH FUND SHALL CONSIST OF ALL  REVENUES  RECEIVED  BY  THE  STATE,
 PURSUANT  TO  THE PROVISIONS OF SECTION TWENTY-FOUR-C OF THE TAX LAW AND
 ALL OTHER MONEYS APPROPRIATED THERETO FROM  ANY  OTHER  FUND  OR  SOURCE
 PURSUANT  TO  LAW.  NOTHING  CONTAINED IN THIS SECTION SHALL PREVENT THE
 STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES  OF  THE
 FUND  AS  DEFINED  IN  THIS  SECTION  AND  DEPOSITING THEM INTO THE FUND
 ACCORDING TO LAW.
   3. ON OR BEFORE THE FIRST DAY OF FEBRUARY  TWO  THOUSAND  TWENTY-FOUR,
 THE  COMMISSIONER  OF  EDUCATION  SHALL  PROVIDE A WRITTEN REPORT TO THE
 TEMPORARY PRESIDENT OF THE SENATE, THE  SPEAKER  OF  THE  ASSEMBLY,  THE
 CHAIR  OF  THE  SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS
 AND MEANS COMMITTEE, THE CHAIR OF THE SENATE COMMITTEE  ON  HEALTH,  THE
 CHAIR  OF  THE  ASSEMBLY HEALTH COMMITTEE, THE STATE COMPTROLLER AND THE
 PUBLIC. SUCH REPORT SHALL INCLUDE  HOW  THE  MONIES  OF  THE  FUND  WERE
 UTILIZED DURING THE PRECEDING CALENDAR YEAR, AND SHALL INCLUDE:
   (A)  THE AMOUNT OF MONEY DISPERSED FROM THE FUND AND THE AWARD PROCESS
 USED FOR SUCH DISBURSEMENTS;
   (B) RECIPIENTS OF AWARDS FROM THE FUND;
   (C) THE AMOUNT AWARDED TO EACH;
   (D) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
   (E) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
 MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
 ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM  THE  PRIOR  FISCAL
 YEAR.
   4.  MONEYS  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
 OF EDUCATION.
   5.  THE  MONEYS  IN  SUCH  FUND  SHALL  BE EXPENDED FOR THE PURPOSE OF
 SUPPLEMENTING ART AND CULTURAL PROGRAMS  FOR  SECONDARY  AND  ELEMENTARY
 CHILDREN,  INCLUDING  PROGRAMS  THAT INCREASE ACCESS TO ART AND CULTURAL
 PROGRAMS AND EVENTS FOR CHILDREN IN UNDERSERVED COMMUNITIES.
   § 6. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Subparts A through C of this act  shall
 be as specifically set forth in the last section of such Subparts.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,

 S. 2508                            138                           A. 3008
 
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the applicable effective date of Parts A through TT of this act shall be
 as specifically set forth in the last section of such Parts.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 2508--A                                            A. 3008--A
 
                       S E N A T E - A S S E M B L Y
 
                             January 20, 2021
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when  printed to be committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
   article  seven  of  the  Constitution -- read once and referred to the
   Committee on Ways and Means --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the vehicle and traffic law and the general business
   law, in relation to penalties for commercial vehicles on parkways  and
   penalties  for  overheight  vehicles  and to preventing bridge strikes
   (Part A); to amend the penal law and the vehicle and traffic  law,  in
   relation  to  transportation  worker  safety (Subpart A); to amend the
   vehicle and traffic law and the highway law, in  relation  to  highway
   clearance  (Subpart  B);  to  amend  the  vehicle  and traffic law, in
   relation to increased fines for injury to pedestrians (Subpart C); and
   to amend the vehicle and traffic law, in relation to work zone  safety
   and  outreach  (Subpart  D)  (Part B); to amend the public authorities
   law, in relation to electronic bidding (Part C); to amend  the  public
   authorities  law,  in relation to the minimum amount for a procurement
   contract (Part D); to amend the penal law, in  relation  to  including
   the  intentional  use  of  any  toll highway, parkway, road, bridge or
   tunnel or entry  into  or  remaining  in  a  tolled  central  business
   district  without  payment  of the lawful toll or charge as a theft of
   services; and to amend the vehicle and traffic law, in relation to the
   penalty imposed upon the operator of a  vehicle  with  an  altered  or
   obscured license plate while on a toll highway, bridge or tunnel (Part
   E);  to  amend the public authorities law, in relation to procurements
   conducted by the New York City transit authority and the  metropolitan
   transportation  authority;  to amend part OO of chapter 54 of the laws
   of 2016, amending the public authorities law relating to  procurements
   by  the New York City transit authority and the metropolitan transpor-
   tation authority, in relation to the  effectiveness  thereof;  and  to
   repeal certain provisions of the public authorities law relating ther-
   eto  (Part  F);  to  amend  the public authorities law, in relation to
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12573-02-1

 S. 2508--A                          2                         A. 3008--A
 
   metropolitan transportation authority  capital  projects  and  utility
   relocations (Part G); to amend the public authorities law, in relation
   to  the use and occupancy of streets for transportation projects (Part
   H);  to  amend  the  penal law, in relation to assaulting or harassing
   certain employees of a transit agency or authority (Part I); to  amend
   chapter  393  of  the  laws  of 1994 amending the New York state urban
   development corporation act relating to the powers  of  the  New  York
   state  urban  development  corporation  to  make loans, in relation to
   extending loan powers (Part J); to amend the urban development  corpo-
   ration  act,  in  relation  to extending the authority of the New York
   state urban development corporation to  administer  the  empire  state
   economic  development  fund  (Part  K); to amend the multiple dwelling
   law, in relation to temporary  rules  for  certain  multiple  dwelling
   units used as joint living-work quarters; and providing for the repeal
   of  such provisions upon expiration thereof (Part L); to amend section
   3 of part S of chapter 58 of the laws  of  2016,  relating  to  trans-
   ferring  the  statutory  authority  for  the promulgation of marketing
   orders from the department of agriculture and markets to the New  York
   state  urban development corporation, in relation to the effectiveness
   thereof (Part M); to amend chapter 21 of the laws  of  2003,  amending
   the  executive  law  relating  to permitting the secretary of state to
   provide special handling for all documents  filed  or  issued  by  the
   division of corporations and to permit additional levels of such expe-
   dited  service,  in relation to the effectiveness thereof (Part N); to
   amend the business corporation law, the general associations law,  the
   limited liability company law, the not-for-profit corporation law, the
   partnership  law  and the real property law, in relation to service of
   process (Part O); to amend the executive law, in relation to authoriz-
   ing remote notarization (Part P); to amend the environmental conserva-
   tion law, the executive law, and the public service law,  in  relation
   to  making  technical  amendments  related  to the office of renewable
   energy siting (Part Q); in relation  to  the  eligibility  of  certain
   renewable  energy credits for purposes of compliance with local build-
   ing emissions requirements; and  providing  for  the  repeal  of  such
   provisions  upon  the expiration thereof (Part R); to amend the public
   authorities law, in relation to powers  of  the  New  York  convention
   center  operating corporation (Part S); to amend part B of chapter 173
   of the laws of 2013 relating to the issuance of  securitized  restruc-
   turing  bonds  to  refinance  the  outstanding debt of the Long Island
   power authority,  in  relation  to  the  utility  debt  securitization
   authority;  and  in relation to permitting the issuance of securitized
   restructuring bonds to finance system resiliency costs  (Part  T);  to
   amend  the  economic development law, in relation to recharge New York
   power for eligible small businesses  and  not-for-profit  corporations
   (Part  U);  to amend the insurance law, the public authorities law and
   the tax law, in relation to authorizing the  power  authority  of  the
   state  of  New York to form a pure captive insurance company (Part V);
   to authorize the energy research and development authority to  finance
   a  portion  of its research, development and demonstration, policy and
   planning, and Fuel NY program,  as  well  as  climate  change  related
   expenses  of  the  department  of  environmental  conservation and the
   department of agriculture  and  markets'  Fuel  NY  program,  from  an
   assessment  on  gas  and  electric corporations (Part W); to amend the
   environmental conservation law and the state finance law, in  relation
   to  hunting;  and  to  repeal  certain provisions of the environmental
   conservation law relating thereto (Part X); to amend the environmental

 S. 2508--A                          3                         A. 3008--A
 
   conservation law, in relation to  prohibiting  plastic  carryout  bags
   (Part Y); to authorize the county of Nassau, to permanently and tempo-
   rarily  convey  certain  easements and to temporarily alienate certain
   parklands  (Subpart  A);  to  authorize  the village of East Rockaway,
   county of Nassau, to permanently and temporarily convey certain  ease-
   ments  and  to temporarily alienate certain parklands (Subpart B); and
   to authorize the village of Rockville Centre,  county  of  Nassau,  to
   permanently  and temporarily convey certain easements and to temporar-
   ily alienate certain parklands (Subpart C) (Part Z); to amend the  tax
   law,  in  relation to extending certain brownfield credit periods that
   expire on or after 3/20/20 and before 12/31/21  for  two  years  (Part
   AA);  to  authorize  the  grant  of certain easements to AlleCatt Wind
   Energy LLC on a proportion of real property  within  the  Farmersville
   State Forest, Swift Hill State Forest, and Lost Nation State Forest in
   the  county  of  Allegany;  and  providing  for  the  repeal  of  such
   provisions upon the expiration thereof (Part BB); to amend chapter  58
   of  the  laws  of 2013 amending the environmental conservation law and
   the state finance law relating to the  "Cleaner,  Greener  NY  Act  of
   2013", in relation to the effectiveness thereof (Part CC); in relation
   to  establishing the "rail advantaged housing act" (Part DD); to amend
   the public authorities law, in relation to the clean energy  resources
   development  and incentives program (Part EE); to amend chapter 166 of
   the laws of 1991, amending the tax law  and  other  laws  relating  to
   taxes,  in  relation to extending the expiration of certain provisions
   of such chapter; and to amend the vehicle and traffic law, in relation
   to extending the expiration of  the  mandatory  surcharge  and  victim
   assistance  fee  (Part  FF);  to amend the vehicle and traffic law, in
   relation to requiring persons to use one hand while operating a  motor
   vehicle,  unless such vehicle is engaged to perform steering function;
   and to amend part FF of chapter 55 of the laws  of  2017  relating  to
   motor   vehicles  equipped  with  autonomous  vehicle  technology,  in
   relation to the required submission of a report on the  demonstrations
   and tests of motor vehicles equipped with autonomous vehicle technolo-
   gy;  and  in relation to the effectiveness thereof (Part GG); to amend
   the vehicle and traffic law and the state finance law, in relation  to
   temporarily  requiring  the  department of motor vehicles to collect a
   one dollar convenience fee for modernization of information technology
   used  by  the  department;  and  providing  for  the  repeal  of  such
   provisions  upon  expiration thereof (Part HH); to amend chapter 58 of
   the laws of 2012, amending the public health law, relating to  author-
   izing  the  dormitory  authority  to  enter  into  certain  design and
   construction management agreements, in relation to  the  effectiveness
   thereof  (Part  II);  to amend the insurance law, in relation to unau-
   thorized providers of health services; and  to  authorize  the  super-
   intendent  of  financial services to convene a motor vehicle insurance
   task force to examine alternatives to the  no-fault  insurance  system
   and deliver a report relating thereto (Part JJ); to repeal section 410
   of  the  economic development law; and to amend the public authorities
   law, in relation to authorizing the department of economic development
   to designate centers for advanced technology  program  (Part  KK);  to
   amend  the  banking law, in relation to the forbearance of residential
   mortgage payments  (Part  LL);  establishing  the  COVID-19  emergency
   eviction  and foreclosure prevention for tenants and owners of commer-
   cial real property act of  2021;  relating  to  a  temporary  stay  of
   eviction  proceedings  of  commercial  tenants;  and providing for the
   repeal of certain provisions upon expiration thereof (Subpart A);  and

 S. 2508--A                          4                         A. 3008--A
 
   relating  to  a temporary stay of mortgage foreclosure proceedings for
   commercial or multi-family real property; and providing for the repeal
   of certain provisions upon expiration thereof (Subpart B)(Part MM); to
   amend subpart H of part C of chapter 20 of the laws of 2015, appropri-
   ating  money  for certain municipal corporations and school districts,
   in relation to funding to local government  entities  from  the  urban
   development corporation (Part NN); to amend chapter 108 of the laws of
   2020, amending the public service law relating to issuing a moratorium
   on  utility termination of services during periods of pandemics and/or
   state of emergencies, in relation to making such provisions permanent;
   to amend the public service law, the public authorities  law  and  the
   general  business  law, in relation to issuing a moratorium on utility
   termination of services; and  providing  for  the  repeal  of  certain
   provisions  of  the  public service law relating thereto (Part OO); to
   amend the general obligations law, in relation to  the  discontinuance
   of  the  London interbank offered rate (Part PP); to amend the general
   business law, in relation to broadband service for low-income  consum-
   ers  (Part  QQ);  to  amend the public authorities law, in relation to
   authorizing the dormitory authority of the state of New York to  enter
   into certain loans (Part RR); to amend the New York state medical care
   facilities  finance  agency  act,  in relation to the ability to issue
   certain bonds and notes (Part SS); to amend the  economic  development
   law  and  the  tax law, in relation to establishing the small business
   return-to-work tax credit program (Subpart A); to amend  the  economic
   development  law  and  the  tax  law,  in relation to establishing the
   restaurant return-to-work tax credit program (Subpart B); and to amend
   the tax law and the state finance law, in relation to establishing the
   New York city musical and theatrical production tax credit (Subpart C)
   (Part TT); relating to the merger of the College  Retirement  Equities
   Fund  and  the  Teachers Insurance and Annuity Association of America;
   and to repeal chapter 124 of the laws of 1952 relating to the  charter
   of the college retirement equities fund (Part UU); to amend the public
   authorities  law,  the  canal  law and the economic development law in
   relation to enacting the New York state  canal  system  revitalization
   act; and to repeal article 13-A of the canal law relating to the canal
   recreationway  commission  and section 57 of the canal law relating to
   special conditions for leases entered prior to approval of  the  canal
   recreationway plan (Part VV); and to authorize utility and cable tele-
   vision assessments that provide funds to the department of health from
   cable  tele-vision  assessment revenues and to the department of agri-
   culture and markets, department of environmental conservation, depart-
   ment of state, and the office of parks, recreation and historic  pres-
   ervation from utility assessment revenues (Part WW)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law major  components  of  legislation
 necessary  to  implement  the state transportation, economic development
 and environmental conservation budget for  the  2021-2022  state  fiscal
 year.    Each  component is wholly contained within a Part identified as
 Parts A through XX. The effective date  for  each  particular  provision
 contained  within  such  Part  is  set forth in the last section of such
 Part. Any provision in any section contained within  a  Part,  including
 the effective date of the Part, which makes a reference to a section "of

 S. 2508--A                          5                         A. 3008--A
 
 this act", when used in connection with that particular component, shall
 be  deemed to mean and refer to the corresponding section of the Part in
 which it is found. Section three of this  act  sets  forth  the  general
 effective date of this act.
 
                                  PART A
 
   Section 1. Subdivisions (h) and (i) of section 1800 of the vehicle and
 traffic law, as amended by section 1 of part B of chapter 58 of the laws
 of 2020, are amended to read as follows:
   (h) Notwithstanding the provisions of subdivisions (b) and (c) of this
 section,  a  person convicted of a traffic infraction for a violation of
 any ordinance, order, rule, regulation or local law adopted pursuant  to
 one  or more of the following provisions of this chapter: paragraphs two
 and nine of subdivision  (a)  of  section  sixteen  hundred  twenty-one;
 subdivision three of section sixteen hundred thirty; or subdivision five
 of section seventy-one of the transportation law, prohibiting the opera-
 tion  on a highway or parkway of a motor vehicle registered as a commer-
 cial vehicle and having a gross vehicle weight rating of  at  least  ten
 thousand pounds but no more than twenty-six thousand pounds shall, for a
 first  conviction thereof, be punished by a fine of not more than [three
 hundred fifty] ONE THOUSAND dollars or by imprisonment of not more  than
 fifteen  days or by both such fine and imprisonment; for a conviction of
 a second violation, both of which were  committed  within  a  period  of
 eighteen  months,  such  person  shall be punished by a fine of not more
 than [seven] ONE THOUSAND FIVE hundred dollars or  by  imprisonment  for
 not  more  than  forty-five  days or by both such fine and imprisonment;
 upon a conviction of a third or subsequent violation, all of which  were
 committed  within  a  period  of  eighteen  months, such person shall be
 punished by a fine of not more than  [one]  TWO  thousand  FIVE  HUNDRED
 dollars  or by imprisonment of not more than ninety days or by both such
 fine and imprisonment; provided, however, the provisions of this  subdi-
 vision  shall  not  apply  to a commercial motor vehicle as such term is
 defined in paragraph (a) of subdivision four  of  section  five  hundred
 one-a of this chapter.
   (i) Notwithstanding the provisions of subdivisions (b) and (c) of this
 section,  a  person convicted of a traffic infraction for a violation of
 any ordinance, order, rule, regulation or local law adopted pursuant  to
 one  or more of the following provisions of this chapter: paragraphs two
 and nine of subdivision  (a)  of  section  sixteen  hundred  twenty-one;
 subdivision three of section sixteen hundred thirty; or subdivision five
 of section seventy-one of the transportation law, prohibiting the opera-
 tion on a highway or parkway of a commercial motor vehicle as defined in
 paragraph  (a) of subdivision four of section five hundred one-a of this
 chapter, for a first conviction thereof, be punished by a  fine  of  not
 more  than  [seven  hundred] FIVE THOUSAND dollars or by imprisonment of
 not more than fifteen days or by both such fine and imprisonment; for  a
 conviction  of a second violation, both of which were committed within a
 period of eighteen months, such person shall be punished by  a  fine  of
 not  more than [one] SEVEN thousand five hundred dollars or by imprison-
 ment for not more than forty-five days or by both such fine  and  impri-
 sonment;  upon  a  conviction of a third or subsequent violation, all of
 which were committed within a period of  eighteen  months,  such  person
 shall  be punished by a fine of not more than [two] TEN thousand dollars
 or by imprisonment of not more than ninety days or by both such fine and
 imprisonment. IN ADDITION TO THE PENALTIES PROVIDED FOR IN THIS SUBDIVI-

 S. 2508--A                          6                         A. 3008--A
 
 SION, THE REGISTRATION OF THE VEHICLE MAY BE SUSPENDED FOR A PERIOD  NOT
 TO  EXCEED ONE YEAR WHETHER AT THE TIME OF THE VIOLATION THE VEHICLE WAS
 IN CHARGE OF THE OWNER OR HIS AGENT.   THE PROVISIONS  OF  SECTION  FIVE
 HUNDRED  TEN  OF  THIS  CHAPTER SHALL APPLY TO SUCH SUSPENSION EXCEPT AS
 OTHERWISE PROVIDED HEREIN.
   § 2. Subdivision 18-a of section 385 of the vehicle and  traffic  law,
 as  added  by  section 2 of part B of chapter 58 of the laws of 2020, is
 amended to read as follows:
   18-a. A violation of the provisions of [subdivisions] SUBDIVISION  two
 or  fourteen  of this section, where the violation relates to the height
 of the vehicle, including a violation related to the operation, within a
 city not wholly included within one county, of a vehicle  which  exceeds
 the  limitations  provided  for in the rules and regulations of the city
 department of transportation of such city, shall be punishable by a fine
 of not more than [one] FIVE thousand dollars, or by imprisonment for not
 more than thirty days, or by both such fine and  imprisonment,  for  the
 first  offense;  by  a  fine  of not more than [two] SEVEN thousand FIVE
 HUNDRED dollars, or by imprisonment for not more than sixty days, or  by
 both  such  fine and imprisonment, for the second or subsequent offense;
 provided that a sentence or execution thereof for  any  violation  under
 this  subdivision  may  not  be  suspended.    For  any violation of the
 provisions of [subdivisions] SUBDIVISION two or fourteen of this section
 where the violation relates to the height of the  vehicle,  including  a
 violation  related  to  the operation, within a city not wholly included
 within one county, of a vehicle which exceeds the  limitations  provided
 for  in  the rules and regulations of the city department of transporta-
 tion of such city, the registration of the vehicle may be suspended  for
 a period not to exceed one year whether at the time of the violation the
 vehicle  was  in  charge  of  the  owner or his agent. The provisions of
 section five hundred ten of this chapter shall apply to such  suspension
 except as otherwise provided herein.
   §  3. Subdivision 54 of section 375 of the vehicle and traffic law, as
 added by chapter 11 of the laws of 2020, is amended to read as follows:
   54. Stretch limousine AND COMMERCIAL MOTOR VEHICLE commercial GPS. (a)
 Every stretch limousine AND COMMERCIAL MOTOR VEHICLE registered in  this
 state  shall be equipped with commercial global positioning system (GPS)
 technology within no later than one year of  the  date  upon  which  the
 national  highway  traffic safety administration promulgates final regu-
 lations establishing standards for commercial GPS.
   (b) It shall be unlawful to operate or cause to be operated a  stretch
 limousine  OR  COMMERCIAL  MOTOR VEHICLE registered in this state on any
 public highway or private road open  to  public  motor  vehicle  traffic
 unless  such  stretch  limousine OR COMMERCIAL MOTOR VEHICLE is equipped
 with commercial global positioning system (GPS) technology  as  required
 by  this subdivision and such commercial global positioning system (GPS)
 technology is used. The presence in such stretch limousine OR COMMERCIAL
 MOTOR VEHICLE of commercial global positioning system  (GPS)  technology
 connected  to a power source and in an operable condition is presumptive
 evidence of its use by any person operating such  stretch  limousine  OR
 COMMERCIAL MOTOR VEHICLE. Such presumption may be rebutted by any credi-
 ble  and  reliable  evidence  which  tends  to show that such commercial
 global positioning system (GPS) technology was not in use.
   (c) For the purposes of this subdivision:
   (i) "Stretch limousine" shall mean an altered motor vehicle  having  a
 seating  capacity  of  nine  or  more  passengers, including the driver,

 S. 2508--A                          7                         A. 3008--A
 
 commonly referred to as a "stretch limousine" and which is used  in  the
 business of transporting passengers for compensation; [and]
   (ii) "COMMERCIAL MOTOR VEHICLE" SHALL MEAN A MOTOR VEHICLE OR COMBINA-
 TION  OF  VEHICLES HAVING A GROSS COMBINATION WEIGHT RATING OF MORE THAN
 TEN THOUSAND POUNDS USED IN COMMERCE TO TRANSPORT  PROPERTY  OR  PERSONS
 AND  SHALL  INCLUDE A TOW TRUCK WITH A GROSS VEHICLE WEIGHT RATING OF AT
 LEAST EIGHTY-SIX HUNDRED POUNDS; AND
   (III) "Commercial global positioning system  (GPS)  technology"  shall
 mean  global  positioning system (GPS) technology which has been specif-
 ically designed to assist in the navigation of  commercial  motor  vehi-
 cles.
   §  4.  The  vehicle and traffic law is amended by adding a new section
 509-vv to read as follows:
   § 509-VV.  THE USE OF NON-COMMERCIAL GLOBAL POSITIONING SYSTEMS.   ONE
 YEAR  FOLLOWING  THE DATE UPON WHICH THE NATIONAL HIGHWAY TRAFFIC SAFETY
 ADMINISTRATION PROMULGATES FINAL REGULATIONS ESTABLISHING STANDARDS  FOR
 COMMERCIAL  GLOBAL  POSITIONING SYSTEMS (GPS), THE USE OF NON-COMMERCIAL
 GLOBAL POSITIONING SYSTEMS (GPS) BY ANY COMMERCIAL DRIVER OR  COMMERCIAL
 MOTOR CARRIER, WHILE ENGAGED IN THE OPERATION OR DIRECTING THE OPERATION
 OF ANY COMMERCIAL VEHICLE, IS PROHIBITED.  FOR PURPOSES OF THIS SECTION,
 NON-COMMERCIAL  GLOBAL  POSITIONING  SYSTEM  (GPS) SHALL MEAN ANY GLOBAL
 POSITIONING TECHNOLOGY WHICH  HAS  NOT  BEEN  SPECIFICALLY  DESIGNED  TO
 ASSIST IN THE NAVIGATION OF COMMERCIAL VEHICLES.
   §  5.  The  vehicle and traffic law is amended by adding a new section
 509-vvv to read as follows:
   § 509-VVV. PARKWAYS NOTIFICATION. COMMERCIAL CARRIERS MUST NOTIFY,  IN
 WRITING,  ALL  COMMERCIAL  DRIVERS  IN  THEIR  EMPLOY OF THE PROHIBITION
 AGAINST OPERATING COMMERCIAL MOTOR VEHICLES ON PARKWAYS.
   § 6. The vehicle and traffic law is amended by adding  a  new  section
 509-ii to read as follows:
   §  509-II.  THE USE OF NON-COMMERCIAL GLOBAL POSITIONING SYSTEMS.  ONE
 YEAR FOLLOWING THE DATE UPON WHICH THE NATIONAL HIGHWAY  TRAFFIC  SAFETY
 ADMINISTRATION  PROMULGATES FINAL REGULATIONS ESTABLISHING STANDARDS FOR
 COMMERCIAL GLOBAL POSITIONING SYSTEMS (GPS), THE USE  OF  NON-COMMERCIAL
 GLOBAL  POSITIONING  SYSTEMS  (GPS)  BY ANY BUS DRIVER OR MOTOR CARRIER,
 WHILE ENGAGED IN THE OPERATION OR DIRECTING THE OPERATION OF ANY BUS, IS
 PROHIBITED.   FOR PURPOSES OF THIS SECTION, NON-COMMERCIAL GLOBAL  POSI-
 TIONING  SYSTEM (GPS) SHALL MEAN ANY GLOBAL POSITIONING TECHNOLOGY WHICH
 HAS NOT BEEN SPECIFICALLY  DESIGNED  TO  ASSIST  IN  THE  NAVIGATION  OF
 COMMERCIAL VEHICLES.
   §  7.  The  vehicle and traffic law is amended by adding a new section
 509-iii to read as follows:
   § 509-III. PARKWAYS NOTIFICATION. MOTOR CARRIERS MUST NOTIFY, IN WRIT-
 ING, ALL BUS DRIVERS IN THEIR EMPLOY OF THE PROHIBITION AGAINST  OPERAT-
 ING COMMERCIAL MOTOR VEHICLES ON PARKWAYS.
   §  8. The general business law is amended by adding a new section 396-
 zz to read as follows:
   § 396-ZZ. COMMERCIAL VEHICLE OWNER NOTIFICATIONS OF  PARKWAY  PROHIBI-
 TIONS.  (A)  ALL  RENTAL  VEHICLE COMPANIES, AS DEFINED IN SECTION THREE
 HUNDRED NINETY-SIX-Z OF THIS ARTICLE, MUST NOTIFY IN WRITING ALL AUTHOR-
 IZED  DRIVERS  OR  RENTERS,  AS  DEFINED  IN   SECTION   THREE   HUNDRED
 NINETY-SIX-Z  OF  THIS  ARTICLE,  OF  THE PROHIBITION AGAINST COMMERCIAL
 MOTOR VEHICLES OPERATING ON  PARKWAYS  FOR  ANY  RENTALS  OR  LEASES  OF
 COMMERCIAL  MOTOR  VEHICLES.  FOR  PURPOSES  OF THIS SECTION "COMMERCIAL
 MOTOR VEHICLE" SHALL MEAN A MOTOR VEHICLE  OR  COMBINATION  OF  VEHICLES
 HAVING  A  GROSS  COMBINATION  WEIGHT  RATING  OF MORE THAN TEN THOUSAND

 S. 2508--A                          8                         A. 3008--A
 
 POUNDS USED TO TRANSPORT PROPERTY OR PERSONS AND  SHALL  INCLUDE  A  TOW
 TRUCK  WITH A GROSS VEHICLE WEIGHT RATING OF AT LEAST EIGHTY-SIX HUNDRED
 POUNDS.
   (B)  A  CONVICTION FOR A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE
 BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS.
   § 9. Severability. If any clause,  sentence,  subdivision,  paragraph,
 section or part of this act be adjudged by any court of competent juris-
 diction  to  be  invalid, or if any federal agency determines in writing
 that this act would render New York state ineligible for the receipt  of
 federal  funds, such judgment or written determination shall not affect,
 impair or invalidate the remainder thereof, but shall be confined in its
 operation to the clause, sentence, subdivision,  paragraph,  section  or
 part thereof directly involved in the controversy in which such judgment
 or written determination shall have been rendered.
   §  10.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law; provided, however, that this act shall
 be deemed repealed if any federal agency determines in writing that this
 act would render New York state ineligible for the  receipt  of  federal
 funds  or  any  court  of competent jurisdiction finally determines that
 this act would render New York state out of compliance with federal  law
 or  regulation;  and  provided further that for sections four and six of
 this act, the commissioner of transportation shall notify  the  legisla-
 tive  bill  drafting commission upon the occurrence of the provisions of
 sections four and six of this act, in  order  that  the  commission  may
 maintain an accurate and timely effective data base of the official text
 of  the laws of the state of New York in furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public  officers  law.    Effective immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of sections four and six of this act on its effective date  are  author-
 ized to be made and completed on or before such effective date.
 
                                  PART B
 
   Section  1.  This  act enacts into law components of legislation which
 are necessary to implement legislation relating to the safety of  trans-
 portation workers, pedestrians, and the traveling public. Each component
 is wholly contained within a Subpart identified as Subparts A through D.
 The  effective  date for each particular provision contained within such
 Subpart is set forth in the last section of such Subpart. Any  provision
 in  any section contained within a Subpart, including the effective date
 of the Subpart, which makes a reference to a section "of this act", when
 used in connection with that particular component, shall  be  deemed  to
 mean  and  refer to the corresponding section of the Subpart in which it
 is found. Section three of this act sets  forth  the  general  effective
 date of this act.
 
                                 SUBPART A
 
   Section  1.  Subdivisions 3 and 11 of section 120.05 of the penal law,
 subdivision 3 as amended by chapter 267 of the laws of 2016, and  subdi-
 vision  11  as separately amended by chapters 268 and 281 of the laws of
 2016, are amended to read as follows:
   3. With intent to prevent a peace officer, a police officer,  prosecu-
 tor as defined in subdivision thirty-one of section 1.20 of the criminal
 procedure law, registered nurse, licensed practical nurse, public health

 S. 2508--A                          9                         A. 3008--A
 
 sanitarian,  New York city public health sanitarian, sanitation enforce-
 ment agent, New York city sanitation worker, a firefighter, including  a
 firefighter acting as a paramedic or emergency medical technician admin-
 istering  first  aid  in the course of performance of duty as such fire-
 fighter, an emergency medical service  paramedic  or  emergency  medical
 service  technician, or medical or related personnel in a hospital emer-
 gency department, a city marshal,  a  school  crossing  guard  appointed
 pursuant  to section two hundred eight-a of the general municipal law, a
 traffic enforcement officer, traffic enforcement agent, A HIGHWAY WORKER
 AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND  TRAFFIC
 LAW, A MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED
 IN  SECTION  ONE  HUNDRED  EIGHTEEN-B  OF  THE  VEHICLE AND TRAFFIC LAW,
 EMPLOYEE OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A  COUNTY
 CLERK  PERFORMING  MOTOR  VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPART-
 MENT, or employee of any entity governed by the public  service  law  in
 the  course of performing an essential service, from performing a lawful
 duty, by means including releasing or failing to control an animal under
 circumstances evincing the actor's intent that the animal  obstruct  the
 lawful  activity  of  such  peace officer, police officer, prosecutor as
 defined in subdivision thirty-one of section 1.20 of the criminal proce-
 dure law, registered nurse,  licensed  practical  nurse,  public  health
 sanitarian,  New York city public health sanitarian, sanitation enforce-
 ment agent, New York city  sanitation  worker,  firefighter,  paramedic,
 technician,  city  marshal,  school crossing guard appointed pursuant to
 section two hundred  eight-a  of  the  general  municipal  law,  traffic
 enforcement  officer,  traffic  enforcement  agent,  HIGHWAY  WORKER  AS
 DEFINED BY SECTION ONE HUNDRED EIGHTEEN-A OF  THE  VEHICLE  AND  TRAFFIC
 LAW,  MOTOR  VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED
 IN SECTION ONE HUNDRED  EIGHTEEN-B  OF  THE  VEHICLE  AND  TRAFFIC  LAW,
 EMPLOYEE  OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A COUNTY
 CLERK PERFORMING MOTOR VEHICLE TRANSACTIONS ON BEHALF  OF  SUCH  DEPART-
 MENT, or employee of an entity governed by the public service law, he or
 she causes physical injury to such peace officer, police officer, prose-
 cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
 nal  procedure  law,  registered nurse, licensed practical nurse, public
 health sanitarian, New York city public  health  sanitarian,  sanitation
 enforcement   agent,  New  York  city  sanitation  worker,  firefighter,
 paramedic, technician or medical or  related  personnel  in  a  hospital
 emergency  department,  city  marshal,  school  crossing  guard, traffic
 enforcement  officer,  traffic  enforcement  agent,  HIGHWAY  WORKER  AS
 DEFINED  BY  SECTION  EIGHTEEN-A  OF  THE VEHICLE AND TRAFFIC LAW, MOTOR
 VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED  IN  SECTION
 ONE  HUNDRED  EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE
 NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING
 MOTOR VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPARTMENT, or employee  of
 an entity governed by the public service law; or
   11.  With  intent to cause physical injury to a train operator, ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner or terminal cleaner employed by any transit agency, authority or
 company, public or private, whose operation is authorized  by  New  York
 state  or  any  of  its political subdivisions, a city marshal, a school
 crossing guard appointed pursuant to section two hundred eight-a of  the
 general  municipal  law, a traffic enforcement officer, traffic enforce-
 ment agent, A HIGHWAY WORKER AS DEFINED IN  SECTION  ONE  HUNDRED  EIGH-
 TEEN-A  OF  THE  VEHICLE  AND TRAFFIC LAW, A MOTOR VEHICLE INSPECTOR AND
 MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED  EIGHTEEN-B

 S. 2508--A                         10                         A. 3008--A
 
 OF  THE  VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPART-
 MENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANS-
 ACTIONS ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined in  subdivi-
 sion   thirty-one  of  section  1.20  of  the  criminal  procedure  law,
 sanitation enforcement agent, New York city  sanitation  worker,  public
 health  sanitarian,  New  York city public health sanitarian, registered
 nurse, licensed practical nurse, emergency medical service paramedic, or
 emergency medical service technician, he or she causes  physical  injury
 to  such  train operator, ticket inspector, conductor, signalperson, bus
 operator, station agent,  station  cleaner  or  terminal  cleaner,  city
 marshal, school crossing guard appointed pursuant to section two hundred
 eight-a of the general municipal law, traffic enforcement officer, traf-
 fic  enforcement agent, HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED
 EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE  INSPECTOR  AND
 MOTOR  CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B
 OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK  STATE  DEPART-
 MENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANS-
 ACTIONS  ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined in subdivi-
 sion  thirty-one  of  section  1.20  of  the  criminal  procedure   law,
 registered  nurse,  licensed  practical nurse, public health sanitarian,
 New York city public health sanitarian,  sanitation  enforcement  agent,
 New York city sanitation worker, emergency medical service paramedic, or
 emergency  medical service technician, while such employee is performing
 an assigned duty on, or directly related to, the operation of a train or
 bus, including the cleaning of a train or bus station  or  terminal,  or
 such  city  marshal, school crossing guard, traffic enforcement officer,
 traffic enforcement agent, HIGHWAY WORKER  AS  DEFINED  BY  SECTION  ONE
 HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPEC-
 TOR  AND  MOTOR  CARRIER  INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED
 EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW,  EMPLOYEE  OF  THE  NEW  YORK
 STATE  DEPARTMENT  OF  MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR
 VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined
 in subdivision thirty-one of section 1.20 of the criminal procedure law,
 registered nurse, licensed practical nurse,  public  health  sanitarian,
 New  York  city  public health sanitarian, sanitation enforcement agent,
 New York city sanitation worker, emergency medical service paramedic, or
 emergency medical service technician is performing an assigned duty; or
   § 2. The penal law is amended by adding a new section 120.19  to  read
 as follows:
 § 120.19 MENACING A HIGHWAY WORKER.
   A  PERSON IS GUILTY OF MENACING A HIGHWAY WORKER WHEN HE OR SHE INTEN-
 TIONALLY PLACES OR ATTEMPTS TO PLACE A HIGHWAY WORKER IN REASONABLE FEAR
 OF DEATH, IMMINENT SERIOUS  PHYSICAL  INJURY  OR  PHYSICAL  INJURY.  FOR
 PURPOSES  OF  THIS SECTION, A HIGHWAY WORKER SHALL HAVE THE SAME MEANING
 AS DEFINED BY SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND  TRAFFIC
 LAW.
   MENACING A HIGHWAY WORKER IS A CLASS E FELONY.
   § 3. The vehicle and traffic law is amended by adding two new sections
 118-a and 118-b to read as follows:
   §  118-A.  HIGHWAY  WORKER. ANY PERSON EMPLOYED BY OR ON BEHALF OF THE
 STATE, A COUNTY, CITY, TOWN OR VILLAGE,  A  PUBLIC  AUTHORITY,  A  LOCAL
 AUTHORITY,  OR  A  PUBLIC UTILITY COMPANY, OR THE AGENT OR CONTRACTOR OF
 ANY SUCH ENTITY, WHO HAS BEEN ASSIGNED TO PERFORM  WORK  ON  A  HIGHWAY,
 INCLUDING  MAINTENANCE,  REPAIR,  FLAGGING,  UTILITY WORK, CONSTRUCTION,
 RECONSTRUCTION OR OPERATION OF EQUIPMENT ON PUBLIC  HIGHWAY  INFRASTRUC-
 TURE  AND ASSOCIATED RIGHTS-OF-WAY IN HIGHWAY WORK AREAS, AND SHALL ALSO

 S. 2508--A                         11                         A. 3008--A
 
 INCLUDE ANY FLAGPERSON AS DEFINED IN SECTION ONE  HUNDRED  FIFTEEN-B  OF
 THIS ARTICLE.
   §  118-B.  MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR. ANY
 PERSON EMPLOYED BY THE NEW YORK STATE DEPARTMENT OF  TRANSPORTATION  WHO
 HAS BEEN ASSIGNED TO PERFORM INSPECTIONS OF ANY MOTOR VEHICLES OR INVES-
 TIGATION  OF  ANY CARRIERS REGULATED BY THE COMMISSIONER OF THE NEW YORK
 STATE DEPARTMENT OF TRANSPORTATION.
   § 4. Subparagraphs (xii) and (xiii) of paragraph a of subdivision 2 of
 section 510 of the vehicle and traffic law, as added  by  section  1  of
 part  B  of  chapter  55  of  the  laws  of 2014, are amended to read as
 follows:
   (xii) of a second or subsequent conviction of a violation  of  section
 twelve  hundred twenty-five-c or section twelve hundred twenty-five-d of
 this chapter committed where such person is the holder of a probationary
 license, as defined in subdivision four of section five hundred  one  of
 this  title,  at  the  time of the commission of such violation and such
 second or subsequent violation was committed within six months following
 the restoration or issuance of such probationary license; [or]
   (xiii) of a second or subsequent conviction of a violation of  section
 twelve  hundred twenty-five-c or section twelve hundred twenty-five-d of
 this chapter committed where such person is the holder of a class DJ  or
 MJ  learner's  permit  or  a  class  DJ or MJ license at the time of the
 commission of such violation and such second or subsequent violation was
 committed within six months following the restoration of such permit  or
 license; OR
   (XIV)  OF  MENACING A HIGHWAY WORKER, OR MENACING IN THE FIRST, SECOND
 OR THIRD DEGREE, AS DEFINED IN ARTICLE ONE HUNDRED TWENTY OF  THE  PENAL
 LAW, WHERE SUCH OFFENSE WAS COMMITTED AGAINST A HIGHWAY WORKER.
   §  5.  The  vehicle and traffic law is amended by adding a new section
 1221-a to read as follows:
   § 1221-A. INTRUSION INTO AN ACTIVE WORK ZONE. 1. NO DRIVER OF A  VEHI-
 CLE  SHALL  ENTER OR INTRUDE INTO AN ACTIVE WORK ZONE EXCEPT UPON DIREC-
 TION FROM A FLAGPERSON, POLICE  OFFICER,  OR  OTHER  VISIBLY  DESIGNATED
 PERSON  IN  CHARGE  OF  TRAFFIC CONTROL OR UPON DIRECTION FROM A TRAFFIC
 CONTROL DEVICE REGULATING ENTRY THEREIN. FOR PURPOSES OF  THIS  SECTION,
 THE  TERM  "ACTIVE WORK ZONE" SHALL MEAN THE PHYSICAL AREA OF A HIGHWAY,
 STREET, OR PRIVATE ROAD ON WHICH CONSTRUCTION, MAINTENANCE,  OR  UTILITY
 WORK  IS  BEING  CONDUCTED,  WHICH  AREA  IS MARKED BY SIGNS, CHANNELING
 DEVICES, BARRIERS, PAVEMENT MARKINGS, OR WORK VEHICLES, AND WHERE  WORK-
 ERS ARE PHYSICALLY PRESENT.
   2.  A  VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL CONSTITUTE A
 CLASS B MISDEMEANOR PUNISHABLE BY A FINE OF NOT LESS  THAN  TWO  HUNDRED
 FIFTY  DOLLARS,  NOR  MORE  THAN  FIVE HUNDRED DOLLARS OR BY A PERIOD OF
 IMPRISONMENT NOT TO EXCEED THREE MONTHS, OR BY BOTH SUCH FINE AND IMPRI-
 SONMENT.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                 SUBPART B
 
   Section 1. Section 600 of the vehicle and traffic law  is  amended  by
 adding a new subdivision 4 to read as follows:
   4.  ANY  PERSON  OPERATING A MOTOR VEHICLE INVOLVED IN AN ACCIDENT NOT
 INVOLVING PERSONAL INJURY OR DEATH WHO MOVES SUCH VEHICLE TO A  LOCATION
 OFF  THE  ROADWAY  BUT AS NEAR AS POSSIBLE TO THE PLACE WHERE THE DAMAGE
 OCCURRED, SO AS NOT TO OBSTRUCT THE REGULAR FLOW OF TRAFFIC,  SHALL  NOT

 S. 2508--A                         12                         A. 3008--A
 
 BE  CONSTRUED  TO  BE  IN  VIOLATION  OF SUBDIVISION ONE OF THIS SECTION
 BECAUSE OF SUCH MOVEMENT.
   §  2.  Subdivision  2  of section 15 of the highway law, as amended by
 chapter 1110 of the laws of 1971, is amended to read as follows:
   2. The commissioner [of transportation],  A  POLICE  OFFICER,  OR  ANY
 PERSON  ACTING  AT THE DIRECTION OF THE COMMISSIONER OR A POLICE OFFICER
 shall have the power to cause the immediate removal, from the  right  of
 way  of  any  state  highway,  of  any  vehicle,  CARGO, OR DEBRIS which
 obstructs or interferes with the use of such a highway for public  trav-
 el;  or  which  obstructs  or  interferes  with the construction, recon-
 struction or maintenance of such a highway; or which obstructs or inter-
 feres with the clearing or removal of snow or ice from such  a  highway;
 or which obstructs or interferes with any operation of the department of
 transportation during a public emergency.  THE COMMISSIONER, OR A POLICE
 OFFICER,  OR ANY PERSON ACTING AT THE DIRECTION OF THE COMMISSIONER OR A
 POLICE OFFICER, SHALL NOT BE LIABLE FOR  ANY  DAMAGE  TO  SUCH  VEHICLE,
 CARGO,  OR  DEBRIS, UNLESS SUCH REMOVAL WAS CARRIED OUT IN A RECKLESS OR
 GROSSLY NEGLIGENT MANNER.
   § 3. This act shall take effect immediately.
 
                                 SUBPART C

   Section 1. Paragraph 1 of subdivision (b) of section 1146 of the vehi-
 cle and traffic law, as amended by chapter 333 of the laws of  2010,  is
 amended to read as follows:
   1.  A  driver of a motor vehicle who causes physical injury as defined
 in article ten of the penal law to a pedestrian or bicyclist while fail-
 ing to exercise due  care  in  violation  of  subdivision  (a)  of  this
 section, shall be guilty of a traffic infraction punishable by a fine of
 not more than [five hundred] ONE THOUSAND dollars or by imprisonment for
 not more than fifteen days or by both such fine and imprisonment.
   § 2. Paragraph 1 of subdivision (c) of section 1146 of the vehicle and
 traffic  law,  as amended by chapter 333 of the laws of 2010, is amended
 to read as follows:
   1. A driver of a motor vehicle who causes serious physical  injury  as
 defined  in  article  ten  of the penal law to a pedestrian or bicyclist
 while failing to exercise due care in violation of  subdivision  (a)  of
 this  section,  shall  be guilty of a traffic infraction punishable by a
 fine of not more than [seven hundred fifty] ONE  THOUSAND  FIVE  HUNDRED
 dollars or by imprisonment for not more than fifteen days or by required
 participation  in a motor vehicle accident prevention course pursuant to
 paragraph (e-1) of subdivision two of section 65.10 of the penal law  or
 by  any combination of such fine, imprisonment or course, and by suspen-
 sion of a license or registration pursuant to subparagraph (xiv) or (xv)
 of paragraph b of subdivision two of section five hundred  ten  of  this
 chapter.
   §  3.  Subdivision (d) of section 1146 of the vehicle and traffic law,
 as amended by chapter 333 of the laws of 2010, is  amended  to  read  as
 follows:
   (d) A violation of subdivision (b) or (c) of this section committed by
 a  person  who  has  previously  been convicted of any violation of such
 subdivisions within the preceding five years, shall constitute a class B
 misdemeanor punishable by a fine of not more  than  [one]  TWO  thousand
 dollars in addition to any other penalties provided by law.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

 S. 2508--A                         13                         A. 3008--A
 
                                 SUBPART D
 
   Section  1.    The  vehicle and traffic law is amended by adding a new
 section 1221-a to read as follows:
   § 1221-A. WORK ZONE SAFETY AND OUTREACH. THE GOVERNOR'S TRAFFIC SAFETY
 COMMITTEE, UPON CONSULTATION WITH THE  COMMISSIONER  OF  TRANSPORTATION,
 THE  SUPERINTENDENT OF STATE POLICE, THE COMMISSIONER OF MOTOR VEHICLES,
 THE CHAIRMAN OF THE NEW YORK STATE THRUWAY AUTHORITY, LOCAL LAW ENFORCE-
 MENT AGENCIES, AND REPRESENTATIVES FOR CONTRACTORS AND  LABORERS,  SHALL
 DESIGN AND IMPLEMENT A PUBLIC EDUCATION AND OUTREACH PROGRAM TO INCREASE
 MOTORIST  AWARENESS  OF  THE  IMPORTANCE OF HIGHWAY WORK ZONE SAFETY, TO
 REDUCE THE NUMBER OF WORK ZONE INCIDENTS, INCLUDING SPEEDING,  UNAUTHOR-
 IZED INTRUSIONS INTO WORK ZONES, AND ANY CONDUCT RESULTING IN THREATS OR
 INJURIES TO HIGHWAY WORKERS, AND TO INCREASE AND PROMOTE WORK ZONE SAFE-
 TY.
   § 2.  This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section, subpart or part of this act shall be adjudged by a court
 of competent jurisdiction to be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation to the clause, sentence, paragraph, subdivision, section,
 subpart or part thereof directly involved in the  controversy  in  which
 such  judgment shall have been rendered. It is hereby declared to be the
 intent of the legislature that this act would have been enacted even  if
 such invalid provisions had not been included herein.
   §  3.  This act shall take effect immediately, provided, however, that
 the applicable effective date of Subparts A through D of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART C
 
   Section 1. Subdivision 1 of section 359 of the public authorities law,
 as amended by section 6 of part TT of chapter 54 of the laws of 2016, is
 amended to read as follows:
   1.  On assuming jurisdiction of a thruway section or connection or any
 part thereof, or of a highway connection, the  authority  shall  proceed
 with  the  construction, reconstruction or improvement thereof. All such
 work shall be done pursuant to a contract or contracts  which  shall  be
 let  to  the  lowest  responsible  bidder,  by sealed proposals publicly
 opened, OR BY ELECTRONICALLY SECURE PROPOSAL SUBMISSION AS PERMITTED  BY
 THE  AUTHORITY  AND  ELECTRONICALLY POSTED FOR PUBLIC VIEW, after public
 advertisement and upon such terms and conditions as the authority  shall
 require;  provided,  however,  that the authority may reject any and all
 proposals and may advertise for new proposals, as herein provided, if in
 its opinion, the  best  interests  of  the  authority  will  thereby  be
 promoted; provided further, however, that at the request of the authori-
 ty,  all  or  any  portion  of  such work, together with any engineering
 required by the authority in connection therewith, shall be performed by
 the commissioner and his subordinates in the department  of  transporta-
 tion as agents for, and at the expense of, the authority.
   § 2. This act shall take effect immediately.
 
                                  PART D

 S. 2508--A                         14                         A. 3008--A
 
   Section  1. Section 359-a of the public authorities law, as amended by
 section 7 of part TT of chapter 54 of the laws of 2016,  is  amended  to
 read as follows:
   §  359-a.  Procurement  contracts. For the purposes of section twenty-
 eight hundred seventy-nine of this chapter as applied to the  authority,
 the term "procurement contract" shall mean any written agreement for the
 acquisition  of  goods  or  services of any kind by the authority in the
 actual or estimated amount of [fifteen] FIFTY thousand dollars or more.
   § 2. This act shall take effect immediately.
 
                                  PART E
 
   Section 1. Subdivision 3 of section 165.15 of the penal law is amended
 to read as follows:
   3. With intent to obtain railroad, subway, bus, air, taxi or any other
 public transportation service OR TO USE ANY TOLL HIGHWAY, PARKWAY, ROAD,
 BRIDGE OR TUNNEL OR TO ENTER OR REMAIN IN THE  TOLLED  CENTRAL  BUSINESS
 DISTRICT  DESCRIBED IN SECTION SEVENTEEN HUNDRED FOUR OF THE VEHICLE AND
 TRAFFIC LAW without payment of the lawful charge OR TOLL therefor, or to
 avoid payment of the lawful  charge  OR  TOLL  for  such  transportation
 service  which  has  been  rendered to him OR HER OR FOR SUCH USE OF ANY
 TOLL HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL OR FOR  SUCH  ENTERING  OR
 REMAINING IN SUCH TOLLED CENTRAL BUSINESS DISTRICT, he OR SHE obtains or
 attempts  to  obtain  such  service or TO USE ANY TOLL HIGHWAY, PARKWAY,
 ROAD, BRIDGE OR TUNNEL OR TO ENTER OR REMAIN IN A TOLLED  CENTRAL  BUSI-
 NESS  DISTRICT OR avoids or attempts to avoid payment therefor by force,
 intimidation, stealth, deception or mechanical tampering, or by unjusti-
 fiable failure or refusal to pay; or
   § 2. Paragraph (b) of subdivision 1 of section 402 of the vehicle  and
 traffic  law,  as amended by chapter 109 of the laws of 2005, is amended
 and a new paragraph (c) is added to read as follows:
   (b) Number plates shall be kept clean and in a condition so as  to  be
 easily readable and shall not be covered by glass or any plastic materi-
 al,  and shall not be knowingly covered or coated with any artificial or
 synthetic material or substance that conceals or  obscures  such  number
 plates  or that distorts a recorded or photographic image of such number
 plates, and the view of such number plates shall not  be  obstructed  by
 any  part  of  the vehicle or by anything carried thereon[, except for a
 receiver-transmitter issued by a  publicly  owned  tolling  facility  in
 connection  with electronic toll collection when such receiver-transmit-
 ter is affixed to the exterior of a vehicle in accordance with  mounting
 instructions provided by the tolling facility].
   (C)  IT  SHALL  BE UNLAWFUL FOR ANY PERSON TO OPERATE, DRIVE OR PARK A
 MOTOR VEHICLE ON A TOLL HIGHWAY, BRIDGE AND/OR TUNNEL FACILITY OR  ENTER
 OR  REMAIN  IN THE TOLLED CENTRAL BUSINESS DISTRICT DESCRIBED IN SECTION
 SEVENTEEN HUNDRED FOUR OF THIS CHAPTER, UNDER THE  JURISDICTION  OF  THE
 TOLLING  AUTHORITY,  IF  SUCH  NUMBER  PLATE IS NOT EASILY READABLE, NOR
 SHALL ANY NUMBER PLATE BE COVERED BY GLASS OR ANY PLASTIC MATERIAL,  AND
 SHALL NOT BE KNOWINGLY COVERED OR COATED WITH ANY ARTIFICIAL OR SYNTHET-
 IC  MATERIAL  OR SUBSTANCE THAT CONCEALS OR OBSCURES SUCH NUMBER PLATES,
 OR THAT DISTORTS A RECORDED OR PHOTOGRAPHIC IMAGE OF SUCH NUMBER PLATES,
 AND THE VIEW OF SUCH NUMBER PLATES SHALL NOT BE OBSTRUCTED BY  ANY  PART
 OF  THE  VEHICLE  OR BY ANYTHING CARRIED THEREON, EXCEPT FOR A RECEIVER-
 TRANSMITTER ISSUED BY A PUBLICLY OWNED TOLLING AUTHORITY  IN  CONNECTION
 WITH  ELECTRONIC  TOLL  COLLECTION  WHEN  SUCH  RECEIVER-TRANSMITTER  IS
 AFFIXED TO THE  EXTERIOR  OF  A  VEHICLE  IN  ACCORDANCE  WITH  MOUNTING

 S. 2508--A                         15                         A. 3008--A
 
 INSTRUCTIONS  PROVIDED  BY  THE TOLLING AUTHORITY.  FOR PURPOSES OF THIS
 PARAGRAPH, "TOLLING AUTHORITY" SHALL MEAN EVERY PUBLIC  AUTHORITY  WHICH
 OPERATES  A  TOLL  HIGHWAY,  BRIDGE  AND/OR TUNNEL OR A CENTRAL BUSINESS
 DISTRICT  TOLLING  PROGRAM AS WELL AS THE PORT AUTHORITY OF NEW YORK AND
 NEW JERSEY, A BI-STATE AGENCY CREATED BY COMPACT SET  FORTH  IN  CHAPTER
 ONE  HUNDRED  FIFTY-FOUR  OF THE LAWS OF NINETEEN HUNDRED TWENTY-ONE, AS
 AMENDED.
   § 3. Subdivision 8 of section 402 of the vehicle and traffic  law,  as
 amended  by  chapter 61 of the laws of 1989 and as renumbered by chapter
 648 of the laws of 2006, is amended to read as follows:
   8. The violation of this section shall be punishable by a fine of  not
 less  than  twenty-five  nor  more  than  two hundred dollars EXCEPT FOR
 VIOLATIONS OF PARAGRAPH (C) OF SUBDIVISION ONE  OF  THIS  SECTION  WHICH
 SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED NOR MORE THAN
 FIVE HUNDRED DOLLARS.
   §  4.   This act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART F
 
   Section 1. Subdivisions 1, 2, 3, 4, 5 and 6 of  section  1209  of  the
 public authorities law are REPEALED.
   §  2.  Paragraphs  (a) and (b) of subdivision 7 of section 1209 of the
 public authorities law, as amended by section 3 of subpart C of part ZZZ
 of chapter 59 of the laws of 2019, are amended to read as follows:
   (a) Except  as  otherwise  provided  in  this  section,  all  purchase
 contracts  for  supplies,  materials or equipment involving an estimated
 expenditure in excess of one  million  dollars  and  all  contracts  for
 public  work involving an estimated expenditure in excess of one million
 dollars shall be awarded by the  authority  to  the  lowest  responsible
 bidder  after  obtaining  [sealed]  bids  in  the manner hereinafter set
 forth. The aforesaid shall not apply to contracts for  personal,  archi-
 tectural,  engineering or other professional services. The authority may
 reject all bids and obtain new bids  in  the  manner  provided  by  this
 section  when  it is deemed in the public interest to do so or, in cases
 where two or more responsible bidders submit identical  bids  which  are
 the lowest bids, award the contract to any of such bidders or obtain new
 bids  from  such bidders.   Nothing in this paragraph shall obligate the
 authority to seek new bids after the rejection of bids or after  cancel-
 lation  of  an invitation to bid. Nothing in this section shall prohibit
 the evaluation of bids on the basis of costs or savings  including  life
 cycle  costs  of  the  item  to  be purchased, discounts, and inspection
 services so long as the invitation to  bid  reasonably  sets  forth  the
 criteria  to  be  used  in  evaluating such costs or savings. Life cycle
 costs may include but shall not be limited to costs or  savings  associ-
 ated  with  installation, energy use, maintenance, operation and salvage
 or disposal.
   (b) Section twenty-eight hundred seventy-nine of  this  chapter  shall
 apply  to  the authority's acquisition of goods or services of any kind,
 in the actual or estimated amount of fifteen thousand dollars  or  more,
 provided  that  (i)  a  contract for services in the actual or estimated
 amount of one million dollars or less shall not require approval by  the
 board of the authority regardless of the length of the period over which
 the  services  are  rendered,  and  provided further that a contract for
 services in the actual or estimated amount  in  excess  of  one  million
 dollars  shall require approval by the board of the authority regardless

 S. 2508--A                         16                         A. 3008--A
 
 of the length of the period over which the services are rendered  unless
 such  a  contract  is  awarded  to  the  lowest responsible bidder after
 obtaining [sealed] bids and (ii) the  board  of  the  authority  may  by
 resolution  adopt  guidelines  that  authorize the award of contracts to
 small business concerns, to service disabled  veteran  owned  businesses
 certified  pursuant  to  article  seventeen-B  of  the executive law, or
 minority or women-owned business enterprises certified pursuant to arti-
 cle fifteen-A of the executive law, or purchases of goods or  technology
 that  are  recycled  or  remanufactured,  in an amount not to exceed one
 million dollars without a formal competitive process and without further
 board approval. The board of the authority shall adopt guidelines  which
 shall be made publicly available for the awarding of such contract with-
 out a formal competitive process.
   §  3.  Paragraphs  (a) and (b) of subdivision 8 of section 1209 of the
 public authorities law, paragraph (a) as amended by chapter 725  of  the
 laws  of  1993  and paragraph (b) as added by chapter 929 of the laws of
 1986, are amended to read as follows:
   (a) Advertisement for bids, when required by this  section,  shall  be
 published  at  least  once in [a newspaper of general circulation in the
 area served by the authority and in] the procurement opportunities news-
 letter published pursuant to article four-C of the economic  development
 law  provided  that, notwithstanding the provisions of article four-C of
 the economic development law, an advertisement shall  only  be  required
 when  required  by  this section. Publication in [a newspaper of general
 circulation in the area served  or  in]  the  procurement  opportunities
 newsletter  shall  not  be  required if bids for contracts for supplies,
 materials or equipment are of a type regularly purchased by the authori-
 ty and are to be solicited from a list of potential suppliers,  if  such
 list is or has been developed consistent with the provisions of subdivi-
 sion  eleven  of  this  section.  Any such advertisement shall contain a
 statement of: (i) the time [and place  where]  BY  WHICH  bids  received
 pursuant to any notice requesting [sealed] bids [will be publicly opened
 and  read]  SHALL BE SUBMITTED; (ii) the name of the contracting agency;
 (iii) the contract identification number; (iv) a  brief  description  of
 the  public work, supplies, materials, or equipment sought, the location
 where work is to be performed, goods are to  be  delivered  or  services
 provided  and the contract term; (v) the [address where] MANNER IN WHICH
 bids or proposals are to be  submitted;  (vi)  the  date  when  bids  or
 proposals  are due; (vii) a description of any eligibility or qualifica-
 tion requirement or preference; (viii) a statement  as  to  whether  the
 contract  requirements  may  be  fulfilled  by  a  subcontracting, joint
 venture, or co-production arrangement; (ix) any other information deemed
 useful to potential contractors; and (x) the name,  address,  and  tele-
 phone  number  of the person to be contacted for additional information.
 At least [fifteen] TEN business days  shall  elapse  between  the  first
 publication  of  such  advertisement or the solicitation of bids, as the
 case may be, and the date of opening and reading of bids.
   (b) The authority may designate any officer or employee to  [open  the
 bids  at  the  time and place bids are to be opened and may designate an
 officer to] award the contract to the lowest responsible  bidder.  [Such
 designee  shall make a record of all bids in such form and detail as the
 authority shall prescribe.] All bids [received] shall be RECEIVED EITHER
 THROUGH AN ELECTRONIC BIDDING PLATFORM  AND  ELECTRONICALLY  POSTED  FOR
 PUBLIC  VIEW,  OR  publicly  opened and read, IN EITHER CASE at the time
 [and], place AND IN THE MANNER specified in the advertisement or  speci-
 fied at the time of solicitation, or to which the opening and reading OR

 S. 2508--A                         17                         A. 3008--A
 
 POSTING have been adjourned by the authority. All bidders shall be noti-
 fied  of  the  time  and place of any such adjournment.  THE AUTHORITY'S
 DESIGNATED OFFICER OR EMPLOYEE SHALL MAKE A RECORD OF ALL BIDS  IN  SUCH
 FORM AND DETAIL AS THE AUTHORITY SHALL PRESCRIBE.
   §  4.  Paragraph  (e)  of  subdivision 9 of section 1209 of the public
 authorities law, as added by chapter 929 of the laws of 1986, is amended
 to read as follows:
   (e) the item is available  through  an  existing  contract  between  a
 vendor  and  [(i)  another  public  authority  provided  that such other
 authority utilized a process of competitive  bidding  or  a  process  of
 competitive  requests  for  proposals to award such contract or (ii) the
 state of New York or the city of New York,] ANY  DEPARTMENT,  AGENCY  OR
 INSTRUMENTALITY  OF  THE UNITED STATES GOVERNMENT AND/OR ANY DEPARTMENT,
 AGENCY, OFFICE, POLITICAL SUBDIVISION OR INSTRUMENTALITY OF ANY STATE OR
 STATES provided that in any case when the authority under this paragraph
 determines that obtaining such item  thereby  would  be  in  the  public
 interest and sets forth the reasons for such determination. The authori-
 ty  shall accept sole responsibility for any payment due the vendor as a
 result of the authority's order; or
   § 5. The opening paragraph of subdivision 9   of section 1209  of  the
 public  authorities law is amended to read as follows:  9. Notwithstand-
 ing the foregoing, the authority may, by resolution approved by  a  two-
 thirds  vote  of its members then in office or by a majority vote of its
 members with respect to contracts proposed to be let pursuant  to  para-
 graph  (a)  of  this  subdivision,  declare  that competitive bidding is
 impractical or inappropriate because of the  existence  of  any  of  the
 circumstances  hereinafter  set  forth  and thereafter the authority may
 proceed to award contracts without complying with  the  requirements  of
 subdivision  seven  or  eight  of this section[.]  PROVIDED THAT FOR ANY
 DESIGN-BUILD CONTRACT TO BE AWARDED PURSUANT TO PARAGRAPH  (F)  OF  THIS
 SUBDIVISION  NO  SUCH  PRIOR  DECLARATION  THAT  COMPETITIVE  BIDDING IS
 IMPRACTICAL OR INAPPROPRIATE SHALL BE REQUIRED. In each case  where  the
 authority  declares competitive bidding impractical or inappropriate, it
 shall state the reason therefor in writing  and  summarize  any  negoti-
 ations  that  have been conducted. Except for contracts awarded pursuant
 to paragraphs (a), (b), (c) and (e) of this subdivision,  the  authority
 shall  not  award any contract pursuant to this subdivision earlier than
 thirty days from the date on which the authority declares  that  compet-
 itive  bidding  is impractical or inappropriate. Competitive bidding may
 only be declared impractical or inappropriate where:
   § 6. Subdivision 10 of section 1209 of the public authorities law,  as
 added by chapter 929 of the laws of 1986, is amended to read as follows:
   10.  Upon  the  adoption of a resolution by the authority stating, for
 reasons of efficiency, economy, compatibility or  maintenance  reliabil-
 ity,  that there is a need for standardization, the authority may estab-
 lish procedures whereby particular supplies, materials or equipment  are
 identified  on  a qualified products list. Such procedures shall provide
 for products or vendors to be added to or deleted  from  such  list  and
 shall include provisions for public advertisement of the manner in which
 such  lists  are  compiled. The authority shall review such list no less
 than [twice] ONCE a year for the purpose of making modifications  there-
 to.    Contracts for particular supplies, materials or equipment identi-
 fied on a qualified products list may be awarded by the authority to the
 lowest responsible bidder after obtaining [sealed]  bids  in  accordance
 with this section or without competitive [sealed] bids in instances when
 the item is available from only a single source, except that the author-

 S. 2508--A                         18                         A. 3008--A
 
 ity  may  dispense with advertising provided that it mails copies of the
 invitation to bid to all vendors of the particular item on the qualified
 products list.
   §  7. Subdivision 1 of section 1265-a of the public authorities law is
 REPEALED.
   § 8. Paragraphs (a) and (b) of subdivision 2 of section 1265-a of  the
 public  authorities  law, as amended by section 3-a of subpart C of part
 ZZZ of chapter 59 of the laws of 2019, are amended to read as follows:
   (a) Except  as  otherwise  provided  in  this  section,  all  purchase
 contracts  for  supplies,  materials or equipment involving an estimated
 expenditure in excess of one  million  dollars  and  all  contracts  for
 public  work involving an estimated expenditure in excess of one million
 dollars shall be awarded by the  authority  to  the  lowest  responsible
 bidder  after  obtaining  [sealed]  bids  in  the manner hereinafter set
 forth.  For purposes hereof, contracts for  public  work  shall  exclude
 contracts  for  personal, engineering and architectural, or professional
 services.  The authority may reject all bids and obtain new bids in  the
 manner provided by this section when it is deemed in the public interest
 to do so or, in cases where two or more responsible bidders submit iden-
 tical  bids which are the lowest bids, award the contract to any of such
 bidders or obtain new bids from such bidders. Nothing in this  paragraph
 shall  obligate  the  authority  to seek new bids after the rejection of
 bids or after cancellation of an invitation  to  bid.  Nothing  in  this
 section  shall  prohibit the evaluation of bids on the basis of costs or
 savings including  life  cycle  costs  of  the  item  to  be  purchased,
 discounts,  and  inspection  services  so  long as the invitation to bid
 reasonably sets forth the criteria to be used in evaluating  such  costs
 or  savings.  Life  cycle  costs may include but shall not be limited to
 costs or savings associated with installation, energy use,  maintenance,
 operation and salvage or disposal.
   (b)  Section  twenty-eight  hundred seventy-nine of this chapter shall
 apply to the authority's acquisition of goods or services of  any  kind,
 in  the  actual or estimated amount of fifteen thousand dollars or more,
 provided (i) that a contract for services in  the  actual  or  estimated
 amount  of one million dollars or less shall not require approval by the
 board of the authority regardless of the length of the period over which
 the services are rendered, and provided  further  that  a  contract  for
 services  in  the  actual  or  estimated amount in excess of one million
 dollars shall require approval by the board of the authority  regardless
 of  the length of the period over which the services are rendered unless
 such a contract is  awarded  to  the  lowest  responsible  bidder  after
 obtaining  [sealed]  bids,  and  (ii)  the board of the authority may by
 resolution adopt guidelines that authorize the  award  of  contracts  to
 small  business  concerns,  to service disabled veteran owned businesses
 certified pursuant to article  seventeen-B  of  the  executive  law,  or
 minority or women-owned business enterprises certified pursuant to arti-
 cle  fifteen-A of the executive law, or purchases of goods or technology
 that are recycled or remanufactured, in an  amount  not  to  exceed  one
 million dollars without a formal competitive process and without further
 board  approval. The board of the authority shall adopt guidelines which
 shall be made publicly available for the awarding of such contract with-
 out a formal competitive process.
   § 9. Paragraphs (a) and (b) of subdivision 3 of section 1265-a of  the
 public  authorities  law, paragraph (a) as amended by chapter 494 of the
 laws of 1990 and paragraph (b) as added by chapter 929 of  the  laws  of
 1986, are amended to read as follows:

 S. 2508--A                         19                         A. 3008--A
 
   (a)  Advertisement  for  bids, when required by this section, shall be
 published at least once in [a newspaper of general  circulation  in  the
 area served by the authority and in] the procurement opportunities news-
 letter  published pursuant to article four-C of the economic development
 law  provided  that, notwithstanding the provisions of article four-C of
 the economic development law, an advertisement shall  only  be  required
 for  a  purchase  contract  for  supplies,  materials  or equipment when
 required by this section. Publication in [a newspaper of general  circu-
 lation  in the area served or in] the procurement opportunities newslet-
 ter shall not be required if bids for contracts for supplies,  materials
 or  equipment are of a type regularly purchased by the authority and are
 to be solicited from a list of potential suppliers, if such list  is  or
 has  been developed consistent with the provisions of subdivision six of
 this section. Any such advertisement shall contain a statement  of:  (i)
 the time [and place where] BY WHICH bids received pursuant to any notice
 requesting  [sealed]  bids  [will  be publicly opened and read] SHALL BE
 SUBMITTED; (ii) the name of the contracting agency; (iii)  the  contract
 identification  number;  (iv)  a  brief  description of the public work,
 supplies, materials, or equipment sought, the location where work is  to
 be  performed,  goods  are  to be delivered or services provided and the
 contract term; (v) the [address where] MANNER IN WHICH bids or proposals
 are to be submitted; (vi) the date when bids or proposals are due; (vii)
 a description of any eligibility or qualification requirement or prefer-
 ence; (viii) a statement as to whether the contract requirements may  be
 fulfilled  by a subcontracting, joint venture, or co-production arrange-
 ment; (ix) any other information deemed useful to potential contractors;
 and (x) the name, address, and telephone number  of  the  person  to  be
 contacted  for  additional  information. At least [fifteen] TEN business
 days shall elapse between the first publication of such advertisement or
 the solicitation of bids, as the case may be, and the  date  of  opening
 and reading of bids.
   (b)  The  authority may designate any officer or employee to [open the
 bids at the time and place bids are to be opened and  may  designate  an
 officer  to]  award the contract to the lowest responsible bidder. [Such
 designee shall make a record of all bids in such form and detail as  the
 authority shall prescribe.] All bids [received] shall be RECEIVED EITHER
 THROUGH  AN  ELECTRONIC  BIDDING  PLATFORM AND ELECTRONICALLY POSTED FOR
 PUBLIC VIEW, OR publicly opened and read, IN EITHER CASE  at  the  time,
 [and]  place  AND IN THE MANNER specified in the advertisement or at the
 time of solicitation, or to which the opening  and  reading  OR  POSTING
 have  been  adjourned by the authority. All bidders shall be notified of
 the time and place of any such adjournment. THE  AUTHORITY'S  DESIGNATED
 OFFICER  OR  EMPLOYEE  SHALL  MAKE A RECORD OF ALL BIDS IN SUCH FORM AND
 DETAIL AS THE AUTHORITY SHALL PRESCRIBE.
   § 10. Paragraph (e) of subdivision 4 of section 1265-a of  the  public
 authorities law, as added by chapter 929 of the laws of 1986, is amended
 to read as follows:
   (e)  the  item  is  available  through  an existing contract between a
 vendor and [(i)  another  public  authority  provided  that  such  other
 authority  utilized  a  process  of  competitive bidding or a process of
 competitive requests for proposals  to  award  such  contracts  or  (ii)
 Nassau  county,  or  (iii) the state of New York or (iv) the city of New
 York] ANY DEPARTMENT, AGENCY OR INSTRUMENTALITY  OF  THE  UNITED  STATES
 GOVERNMENT  AND/OR ANY DEPARTMENT, AGENCY, OFFICE, POLITICAL SUBDIVISION
 OR INSTRUMENTALITY OF ANY STATE OR STATES, provided  that  in  any  case
 when  under  this paragraph the authority determines that obtaining such

 S. 2508--A                         20                         A. 3008--A
 
 item thereby would be in the public interest and sets forth the  reasons
 for  such  determination. The authority shall accept sole responsibility
 for any payment due the vendor as a result of the authority's order; or
   §  11. The opening paragraph of subdivision 4 of section 1265-a of the
 public authorities law is amended to read as follows:
   4. Notwithstanding the foregoing, the  authority  may,  by  resolution
 approved by a two-thirds vote of its members then in office or by major-
 ity  vote  of  its  members with respect to contracts proposed to be let
 pursuant to paragraph (a) of this subdivision declare, that  competitive
 bidding  is impractical or inappropriate because of the existence of any
 of the circumstances hereinafter set forth and thereafter the  authority
 may  proceed  to award contracts without complying with the requirements
 of subdivision seven or eight of this section[.] PROVIDED THAT  FOR  ANY
 DESIGN-BUILD  CONTRACT  TO  BE AWARDED PURSUANT TO PARAGRAPH (F) OF THIS
 SUBDIVISION NO  SUCH  PRIOR  DECLARATION  THAT  COMPETITIVE  BIDDING  IS
 IMPRACTICAL  OR  INAPPROPRIATE SHALL BE REQUIRED. In each case where the
 authority declares competitive bidding impractical or inappropriate,  it
 shall  state  the  reason  therefor in writing and summarize any negoti-
 ations that have been conducted. Except for contracts  awarded  pursuant
 to  paragraphs  (a), (b), (c) and (e) of this subdivision, the authority
 shall not award any contract pursuant to this subdivision  earlier  than
 thirty  days  from the date on which the authority declares that compet-
 itive bidding is impractical or inappropriate. Competitive  bidding  may
 only be declared impractical or inappropriate where:
   §  12.  Subdivision 5 of section 1265-a of the public authorities law,
 as added by chapter 929 of the laws of  1986,  is  amended  to  read  as
 follows:
   5.  Upon  the  adoption  of a resolution by the authority stating, for
 reasons of efficiency, economy, compatibility or  maintenance  reliabil-
 ity,  that there is a need for standardization, the authority may estab-
 lish procedures whereby particular supplies, materials or equipment  are
 identified  on  a qualified products list. Such procedures shall provide
 for products or vendors to be added to or deleted  from  such  list  and
 shall include provisions for public advertisement of the manner in which
 such  lists  are  compiled. The authority shall review such list no less
 than [twice] ONCE a year for the purpose of making  such  modifications.
 Contracts  for particular supplies, materials or equipment identified on
 a qualified products list may be awarded by the authority to the  lowest
 responsible bidder after obtaining [sealed] bids in accordance with this
 section  or without competitive [sealed] bids in instances when the item
 is available from only a single source, except that  the  authority  may
 dispense  with  advertising provided that it mails copies of the invita-
 tion to bid to all vendors of  the  particular  item  on  the  qualified
 products list.
   §  13. Section 15 of part OO of chapter 54 of the laws of 2016, amend-
 ing the public authorities law relating to procurements by the New  York
 City transit authority and the metropolitan transportation authority, is
 amended to read as follows:
   § 14. This act shall take effect immediately[, and shall expire and be
 deemed repealed April 1, 2021].
   § 15. This act shall take effect immediately.
 
                                  PART G
   Section  1.  Section  1266 of the public authorities law is amended by
 adding two new subdivisions 12-b and 12-c to read as follows:

 S. 2508--A                         21                         A. 3008--A
 
   12-B. WHENEVER  IN  CONNECTION  WITH  THE  IMPROVEMENT,  CONSTRUCTION,
 RECONSTRUCTION OR REHABILITATION OF A TRANSPORTATION FACILITY OR A TRAN-
 SIT FACILITY THE AUTHORITY DETERMINES THAT THE PIPES, MAINS, CONDUITS OR
 OTHER  INFRASTRUCTURE OF ANY PUBLIC SERVICE CORPORATION AND ANY FIXTURES
 AND APPLIANCES CONNECTED THEREWITH OR ATTACHED THERETO SHALL BE REMOVED,
 RELOCATED  OR  OTHERWISE  PROTECTED  OR  REPLACED, EITHER TEMPORARILY OR
 PERMANENTLY, HEREINAFTER REFERRED TO AS "THE REQUIRED UTILITY WORK", THE
 FOLLOWING PROVISIONS SHALL APPLY:
   (A) EXCEPT AS PROVIDED IN  PARAGRAPH  (C)  OF  THIS  SUBDIVISION,  THE
 PUBLIC  SERVICE CORPORATION SHALL DESIGN AND PERFORM ALL OF THE REQUIRED
 UTILITY WORK WITHIN A NUMBER OF DAYS AFTER RECEIPT  OF  THE  AUTHORITY'S
 CONSTRUCTION  PLANS,  WHICH  NUMBER  OF  DAYS SHALL BE DETERMINED BY THE
 AUTHORITY AFTER CONSULTATION WITH THE PUBLIC  SERVICE  CORPORATION.  THE
 COST OF SUCH REQUIRED UTILITY WORK, INCLUDING THE DESIGN, SHALL BE BORNE
 SOLELY BY THE PUBLIC SERVICE CORPORATION.
   (B)  IN  DESIGNING  AND PERFORMING THE REQUIRED UTILITY WORK, A PUBLIC
 SERVICE CORPORATION SHALL NOT CREATE THE NEED FOR ANOTHER PUBLIC SERVICE
 CORPORATION TO REMOVE OR RELOCATE ITS PIPES, MAINS,  CONDUITS  OR  OTHER
 INFRASTRUCTURE WITHOUT THE AGREEMENT OF THE AUTHORITY.
   (C) THE AUTHORITY MAY OPT TO PERFORM SOME OR ALL OF THE REQUIRED UTIL-
 ITY  WORK  ON  ITS  OWN  OR  BY  A CONTRACT OR OTHER ARRANGEMENT. IF THE
 AUTHORITY OPTS TO PERFORM SOME OR ALL OF THE REQUIRED UTILITY WORK,  THE
 AUTHORITY  MAY  ALSO  OPT  TO  PROVIDE THE DESIGN FOR SUCH WORK.  IF THE
 AUTHORITY OPTS TO PERFORM SOME OR ALL OF THE REQUIRED UTILITY WORK,  THE
 PUBLIC SERVICE CORPORATION SHALL PERFORM THE PORTION OF THE UTILITY WORK
 NOT PERFORMED BY THE AUTHORITY AND SHALL REIMBURSE THE AUTHORITY FOR THE
 AUTHORITY'S  ACTUAL COST TO PERFORM THE UTILITY WORK, INCLUDING THE COST
 OF THE DESIGN DONE BY THE AUTHORITY. IF THE AUTHORITY  DESIGNS  SOME  OR
 ALL  OF  THE  REQUIRED UTILITY WORK, SUCH DESIGN SHALL BE SUBJECT TO THE
 REVIEW AND APPROVAL OF THE PUBLIC SERVICE CORPORATION, WHICH  SHALL  NOT
 BE  UNREASONABLY  WITHHELD.  SUCH REVIEW AND APPROVAL SHALL BE COMPLETED
 WITHIN TWENTY-ONE CALENDAR DAYS, OR WITHIN SUCH OTHER PERIOD OF TIME  AS
 MAY  BE  DETERMINED  BY THE AUTHORITY AFTER CONSULTATION WITH THE PUBLIC
 SERVICE CORPORATION.
   12-C. WHENEVER  IN  CONNECTION  WITH  THE  IMPROVEMENT,  CONSTRUCTION,
 RECONSTRUCTION OR REHABILITATION OF A TRANSPORTATION FACILITY OR TRANSIT
 FACILITY  THE  AUTHORITY  DETERMINES THAT THE WATER OR SEWER INFRASTRUC-
 TURE, INCLUDING PIPES OR MAINS, STREET LIGHTING, TRAFFIC SIGNAL SYSTEMS,
 EMERGENCY CALL BOXES AND ASSOCIATED INFRASTRUCTURE OF THE  CITY  OF  NEW
 YORK  AND  ANY  FIXTURES  AND APPLIANCES CONNECTED THEREWITH OR ATTACHED
 THERETO MUST BE REMOVED, RELOCATED, OR OTHERWISE PROTECTED OR  REPLACED,
 EITHER  TEMPORARILY  OR  PERMANENTLY,  HEREINAFTER  REFERRED  TO AS "THE
 REQUIRED CITY WORK", THE FOLLOWING PROVISIONS SHALL APPLY:
   (A) THE CITY OF NEW  YORK  SHALL  PROVIDE  ANY  APPROVALS  OR  PERMITS
 REQUIRED  BY  THE  AUTHORITY  FOR  THE  REQUIRED CITY WORK WITHIN THIRTY
 CALENDAR DAYS OF SUBMISSION BY THE AUTHORITY OF ITS  CONSTRUCTION  PLANS
 OR WITHIN SUCH OTHER PERIOD OF TIME AS MAY BE DETERMINED BY THE AUTHORI-
 TY AFTER CONSULTATION WITH THE CITY OF NEW YORK.
   (B) THE AUTHORITY SHALL PAY THE COST OF THE REQUIRED CITY WORK AND THE
 COST  OF  UPGRADING THE WATER OR SEWER INFRASTRUCTURE TO COMPLY WITH THE
 CURRENT STANDARDS OF THE CITY OF NEW YORK FOR MATERIALS AND CAPACITY  AS
 DETERMINED  BY  THE  CURRENT  SERVICE BEING PROVIDED; PROVIDED, HOWEVER,
 THAT THE CITY OF NEW YORK SHALL NOT DEMAND THAT  THE  AUTHORITY  PROVIDE
 FOR  ANTICIPATED FUTURE SERVICE INCREASES OR ANY OTHER BETTERMENTS WITH-
 OUT THE AUTHORITY'S AGREEMENT.

 S. 2508--A                         22                         A. 3008--A
 
   (C) IN REVIEWING THE AUTHORITY'S DESIGN FOR THE REQUIRED CITY WORK, OR
 IN PROVIDING ANY PERMITS OR APPROVALS FOR THE REQUIRED  CITY  WORK,  THE
 CITY  OF  NEW YORK SHALL NOT CREATE THE NEED FOR A PUBLIC SERVICE CORPO-
 RATION TO REMOVE OR RELOCATE ITS PIPES, MAINS, CONDUITS OR OTHER INFRAS-
 TRUCTURE WITHOUT THE AGREEMENT OF THE AUTHORITY.
   (D) THE CITY OF NEW YORK SHALL COOPERATE WITH THE AUTHORITY AND PUBLIC
 SERVICE  CORPORATIONS IN PLANNING AND COORDINATING THE RELOCATION OF ITS
 OWN WATER AND SEWER INFRASTRUCTURE AS WELL AS THE PIPES, MAINS, CONDUITS
 OR OTHER INFRASTRUCTURE OF ANY PUBLIC SERVICE CORPORATION. THE  CITY  OF
 NEW  YORK  SHALL  NOT  REQUIRE  THE  REMOVAL OR RELOCATION OF ADDITIONAL
 PUBLIC SERVICE CORPORATION PIPES, MAINS, CONDUITS OR  OTHER  INFRASTRUC-
 TURE BEYOND THE MINIMUM REQUIRED TO ACCOMMODATE THE REQUIRED WORK.
   § 2. This act shall take effect immediately.

                                  PART H
 
   Section  1.  Subdivision  12 of section 1266 of the public authorities
 law, as added by chapter 314 of the laws of 1981, is amended to read  as
 follows:
   12. The authority may, FOR ITSELF OR UPON REQUEST OF THE NEW YORK CITY
 TRANSIT  AUTHORITY, upon suitable notice to and an offer to consult with
 an officer designated by the city of New York, occupy the streets of the
 city of New York for the purpose of doing  ANY  WORK  EITHER  BY  ITSELF
 DIRECTLY  OR BY ANOTHER FOR ITS BENEFIT VIA CONTRACT, EASEMENT AGREEMENT
 OR OTHER SUCH AGREEMENT [any work] over or under the same in  connection
 with  the improvement, construction, reconstruction or rehabilitation of
 a transportation facility without the consent  of  or  payment  to  such
 city[.], NOTWITHSTANDING THAT THE CITY HAS PREVIOUSLY PERMITTED ANY SUCH
 PORTION  OF SUCH STREETS TO BE OCCUPIED BY ANOTHER.  FOR THE PURPOSES OF
 THIS SUBDIVISION, A "TRANSPORTATION FACILITY" SHALL INCLUDE  A  STAIRWAY
 ENTRANCE,  ELEVATOR, ESCALATOR OR OTHER VERTICAL TRANSPORTATION CONNECT-
 ING TO A SUBWAY STATION OR ANY OTHER TRANSIT IMPROVEMENT THAT  IS  BEING
 RENOVATED,  RELOCATED  OR  CONSTRUCTED  FOR  THE  BENEFIT OF AND UNDER A
 CONTRACT, EASEMENT AGREEMENT OR OTHER AGREEMENT WITH  THE  AUTHORITY  OR
 THE NEW YORK CITY TRANSIT AUTHORITY PURSUANT TO THE ZONING RESOLUTION OF
 THE CITY OF NEW YORK OR OTHERWISE.
   § 2. This act shall take effect immediately.
 
                                  PART I

   Section 1. Subdivision 11 of section 120.05 of the penal law, as sepa-
 rately  amended  by chapters 268 and 281 of the laws of 2016, is amended
 to read as follows:
   11. With intent to cause physical injury to a train  operator,  ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner,  terminal  cleaner,  STATION  CUSTOMER  ASSISTANT; PERSON WHOSE
 OFFICIAL DUTIES INCLUDE THE  SALE  OR  COLLECTION  OF  TICKETS,  PASSES,
 VOUCHERS,  OR  OTHER  FARE  PAYMENT  MEDIA FOR USE ON A  TRAIN OR BUS; A
 PERSON  WHOSE  OFFICIAL  DUTIES   INCLUDE   THE   MAINTENANCE,   REPAIR,
 INSPECTION,  TROUBLESHOOTING,  TESTING  OR  CLEANING OF A TRANSIT SIGNAL
 SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS,  TRANSIT  STATION  STRUC-
 TURE,  COMMUTER  RAIL  TRACKS  OR STATIONS, TRAIN YARD, REVENUE TRAIN IN
 PASSENGER SERVICE, BUS WHILE ON THE ROAD, OR A TRAIN OR BUS  STATION  OR
 TERMINAL;  OR A SUPERVISOR OF SUCH PERSONNEL, employed by any transit OR
 COMMUTER RAILROAD agency, authority or company, public or private, whose
 operation is authorized by New York state or any of its political subdi-

 S. 2508--A                         23                         A. 3008--A
 
 visions, a city marshal, a school crossing guard appointed  pursuant  to
 section  two  hundred  eight-a  of  the general municipal law, a traffic
 enforcement officer, traffic enforcement agent, prosecutor as defined in
 subdivision  thirty-one  of  section 1.20 of the criminal procedure law,
 sanitation enforcement agent, New York city  sanitation  worker,  public
 health  sanitarian,  New  York city public health sanitarian, registered
 nurse, licensed practical nurse, emergency medical service paramedic, or
 emergency medical service technician, he or she causes  physical  injury
 to  such  train operator, ticket inspector, conductor, signalperson, bus
 operator, station agent,  station  cleaner,  terminal  cleaner,  STATION
 CUSTOMER  ASSISTANT;  PERSON  WHOSE  OFFICIAL DUTIES INCLUDE THE SALE OR
 COLLECTION OF TICKETS, PASSES, VOUCHERS OR OTHER FARE PAYMENT MEDIA  FOR
 USE ON A  TRAIN OR BUS; A PERSON WHOSE OFFICIAL DUTIES INCLUDE THE MAIN-
 TENANCE,  REPAIR,  INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING OF A
 TRANSIT SIGNAL SYSTEM, ELEVATED OR UNDERGROUND  SUBWAY  TRACKS,  TRANSIT
 STATION STRUCTURE, COMMUTER RAIL TRACKS OR STATIONS, TRAIN YARD, REVENUE
 TRAIN  IN  PASSENGER  SERVICE,  BUS WHILE ON THE ROAD, OR A TRAIN OR BUS
 STATION OR TERMINAL; OR A SUPERVISOR OF SUCH  PERSONNEL,  city  marshal,
 school  crossing guard appointed pursuant to section two hundred eight-a
 of the general  municipal  law,  traffic  enforcement  officer,  traffic
 enforcement  agent,  prosecutor  as defined in subdivision thirty-one of
 section 1.20 of the criminal procedure law, registered  nurse,  licensed
 practical  nurse,  public health sanitarian, New York city public health
 sanitarian, sanitation enforcement agent, New York city sanitation work-
 er, emergency medical service paramedic, or  emergency  medical  service
 technician,  while  such  employee is performing an assigned duty on, or
 directly related to, the operation of a train or  bus,  [including  the]
 cleaning of a train or bus station or terminal, ASSISTING CUSTOMERS, THE
 SALE OR COLLECTION OF TICKETS, PASSES, VOUCHERS, OR OTHER FARE MEDIA FOR
 USE  ON  A  TRAIN  OR  BUS,  OR MAINTENANCE OF A TRAIN OR BUS STATION OR
 TERMINAL, SIGNAL SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS,  TRANSIT
 STATION STRUCTURE, COMMUTER RAIL TRACKS OR STATIONS, TRAIN YARD, REVENUE
 TRAIN  IN  PASSENGER  SERVICE  OR  BUS  WHILE  ON THE ROAD, or such city
 marshal, school crossing guard,  traffic  enforcement  officer,  traffic
 enforcement  agent,  prosecutor  as defined in subdivision thirty-one of
 section 1.20 of the criminal procedure law, registered  nurse,  licensed
 practical  nurse,  public health sanitarian, New York city public health
 sanitarian, sanitation enforcement agent, New York city sanitation work-
 er, emergency medical service paramedic, or  emergency  medical  service
 technician is performing an assigned duty; or
   § 2. Section 240.30 of the penal law is amended by adding a new subdi-
 vision 3-a to read as follows:
   3-A.  STRIKES,  SHOVES, KICKS, OR OTHERWISE SUBJECTS ANOTHER PERSON TO
 PHYSICAL CONTACT, WHICH INCLUDES SPITTING ON SUCH OTHER PERSON, AND SUCH
 OTHER PERSON IS AN ON-DUTY TRAIN OPERATOR; TICKET INSPECTOR;  CONDUCTOR;
 SIGNALPERSON;  BUS  OPERATOR;  STATION  AGENT; STATION CLEANER; TERMINAL
 CLEANER;  STATION  CUSTOMER  ASSISTANT;  PERSON  WHOSE  OFFICIAL  DUTIES
 INCLUDE  THE  SALE  OR  COLLECTION OF TICKETS, PASSES, VOUCHERS OR OTHER
 FARE PAYMENT MEDIA FOR USE ON A TRAIN  OR  BUS;  PERSON  WHOSE  OFFICIAL
 DUTIES  INCLUDE  THE  MAINTENANCE,  REPAIR, INSPECTION, TROUBLESHOOTING,
 TESTING OR CLEANING OF A TRANSIT SIGNAL SYSTEM, ELEVATED OR  UNDERGROUND
 SUBWAY  TRACKS,  TRANSIT  STATION  STRUCTURE,  COMMUTER  RAIL  TRACKS OR
 STATIONS, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, BUS  WHILE  ON
 THE  ROAD,  OR TRAIN OR BUS STATION OR TERMINAL, OR A SUPERVISOR OF SUCH
 PERSONNEL, EMPLOYED BY ANY TRANSIT OR COMMUTER RAILROAD AGENCY, AUTHORI-

 S. 2508--A                         24                         A. 3008--A
 
 TY OR COMPANY, PUBLIC OR PRIVATE, WHOSE OPERATION IS AUTHORIZED  BY  NEW
 YORK STATE OR ANY OF ITS POLITICAL SUBDIVISIONS; OR
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART J
 
   Section 1. Section 2 of chapter 393 of the laws of 1994, amending  the
 New York state urban development corporation act, relating to the powers
 of  the  New  York state urban development corporation to make loans, as
 amended by section 1 of part FF of chapter 58 of the laws  of  2020,  is
 amended to read as follows:
   §  2.  This  act shall take effect immediately provided, however, that
 section one of this act shall expire on July 1, [2021]  2024,  at  which
 time the provisions of subdivision 26 of section 5 of the New York state
 urban  development  corporation  act shall be deemed repealed; provided,
 however, that neither the expiration nor the repeal of such  subdivision
 as provided for herein shall be deemed to affect or impair in any manner
 any  loan  made  pursuant  to the authority of such subdivision prior to
 such expiration and repeal.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after July 1, 2021.
 
                                  PART K
 
   Section  1.  Subdivision 3 of section 16-m of section 1 of chapter 174
 of the laws of 1968 constituting the New York  state  urban  development
 corporation act, as amended by section 1 of part EE of chapter 58 of the
 laws of 2020, is amended to read as follows:
   3.  The  provisions  of this section shall expire, notwithstanding any
 inconsistent provision of subdivision 4 of section 469 of chapter 309 of
 the laws of 1996 or of any other law, on July 1, [2021] 2024.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after July 1, 2021.
 
                                  PART L
 
   Section  1.  The  multiple  dwelling  law  is  amended by adding a new
 section 277-a to read as follows:
   § 277-A. Section 1 1. Legislative intent. The  Legislature  finds  and
 declares all of the following:
   A. ON MARCH 7, 2020, GOVERNOR ANDREW CUOMO PROCLAIMED A STATE OF EMER-
 GENCY IN RESPONSE TO THE CORONAVIRUS DISEASE (COVID-19) PANDEMIC.  MEAS-
 URES  NECESSARY  TO  CONTAIN  THE  SPREAD OF COVID-19 HAVE BROUGHT ABOUT
 WIDESPREAD ECONOMIC AND SOCIETAL DISRUPTION, PLACING THE  STATE  OF  NEW
 YORK IN UNPRECEDENTED CIRCUMSTANCES.
   B.  COVID  19  EXACERBATED  THE  PRE-EXISTING  IMBALANCE OF SUPPLY AND
 DEMAND FOR COMMERCIAL REAL ESTATE AND HOTELS IN CERTAIN  GEOGRAPHIES  IN
 NEW  YORK CITY. MANY OFFICE SPACES AND HOTEL UNITS ARE UNDERUTILIZED AND
 VACANT.
   C. LEGISLATION IS NECESSARY TO ALLOW FOR  THE  CONVERSION  OF  CERTAIN
 COMMERCIAL REAL ESTATE AND HOTELS WITHIN SPECIFIED BOUNDARIES INTO RESI-
 DENTIAL HOUSING. CONVERTING OFFICE BUILDINGS AND HOTELS INTO RESIDENTIAL
 UNITS  WILL  INCREASE HOUSING SUPPLY AND THEREBY RELIEVE PRESSURE ON THE
 HOUSING MARKET AND  REDUCE  RENTAL  PRICES.  THE  CONVERSION  WILL  ALSO

 S. 2508--A                         25                         A. 3008--A

 PROVIDE   NEEDED   AFFORDABLE  AND  SUPPORTIVE  HOUSING  WITHIN  CENTRAL
 LOCATIONS AND NEAR PUBLIC TRANSIT.
   D.  THE  CONVERSION OF COMMERCIAL REAL ESTATE AND HOTELS WILL SPUR THE
 CREATION OF JOBS IN THE CONSTRUCTION AND OTHER  INDUSTRIES  AND  AID  IN
 REMEDYING  THE  HARMS TO THE ECONOMY CAUSED BY COVID 19. THE CREATION OF
 RESIDENTIAL-WORK NEIGHBORHOODS WILL PROVIDE LONG TERM ECONOMIC  BENEFITS
 BY  BOLSTERING  LOCAL  BUSINESSES THAT SERVE THE COMMUNITIES.  TEMPORARY
 RULES UPON LEGISLATIVE FINDING OF SPECIAL STATE INTEREST. 2. APPLICATION
 OF RULE. THIS SECTION SHALL APPLY TO BUILDING PERMITS  LAWFULLY  ISSUED,
 OR  FOR WHICH A COMPLETED APPLICATION HAS BEEN FILED AS DEFINED BY LOCAL
 LAW, ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR.
   3. ANY BUILDING OR PORTION OF A BUILDING  ERECTED  PRIOR  TO  DECEMBER
 THIRTY-FIRST, TWO THOUSAND TWENTY MAY BE CONVERTED TO A CLASS A MULTIPLE
 DWELLING  SUBJECT TO THE PROVISIONS OF SECTION 277, EXCEPT THAT SUBPARA-
 GRAPH F OF SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION  7  OF  SUCH
 SECTION SHALL BE MODIFIED TO PROVIDE THAT ANY YARDS OR COURTS ONTO WHICH
 A  WINDOW OPENS PURSUANT TO SUCH SUBPARAGRAPH (I) MAY BE EXISTING OR NEW
 IN A BUILDINGS OF ANY HEIGHT, WITHOUT REGARD TO ANY OTHER PROVISIONS  OF
 THIS CHAPTER, OTHER STATE LAW OR ANY PROVISIONS OF THE ZONING RESOLUTION
 OF  THE  CITY  OF  NEW YORK TO THE CONTRARY, BUT SUBJECT, HOWEVER TO THE
 PROVISIONS OF SUBDIVISION 4 AND 5 OF THIS SECTION 277-A.
   4. CLASS B MULTIPLE DWELLINGS. THE PROVISIONS OF  THIS  SECTION  SHALL
 APPLY  TO  ANY CONVERSION OF OR ALTERATION OR IMPROVEMENT TO ANY CLASS B
 MULTIPLE DWELLING OPERATING AS A HOTEL THAT PRIOR TO THE DATE OF  ENACT-
 MENT  OF THIS SECTION WAS ALREADY PERMITTED BY THIS ARTICLE AND APPLICA-
 BLE LOCAL LAW TO BE OCCUPIED FOR RESIDENTIAL PURPOSES IN COMPLIANCE WITH
 THE STANDARDS OF SECTION 277.  FURTHER, THE PROVISIONS OF  THIS  SECTION
 SHALL ONLY APPLY TO HOTELS:  (A) COMPRISING FEWER THAN ONE HUNDRED FIFTY
 ROOMS;  (B) LOCATED ON TAX LOTS IN THE CITY OF NEW YORK ALREADY EXISTING
 OR CREATED UPON THE EFFECTIVE DATE  OF  THIS  SECTION,  IN  ANY  BOROUGH
 OUTSIDE  OF  MANHATTAN, OR WITHIN MANHATTAN EXCLUDING THE FOLLOWING AREA
 IN THE BOROUGH OF MANHATTAN, BEGINNING AT THE INTERSECTION OF THE UNITED
 STATES PIERHEAD LINE IN THE HUDSON RIVER AND THE CENTER LINE OF CHAMBERS
 STREET EXTENDED, THENCE EASTERLY TO THE CENTER LINE OF  CHAMBERS  STREET
 AND  CONTINUING  ALONG  THE CENTER LINE OF CHAMBERS STREET TO THE CENTER
 LINE OF CENTRE STREET, THENCE SOUTHERLY ALONG THE CENTER LINE OF  CENTRE
 STREET  TO THE CENTER LINE OF THE BROOKLYN BRIDGE TO THE INTERSECTION OF
 THE BROOKLYN BRIDGE AND THE UNITED STATES  PIERHEAD  LINE  IN  THE  EAST
 RIVER,  THENCE  NORTHERLY  ALONG  THE UNITED STATES PIERHEAD LINE IN THE
 EAST RIVER TO THE INTERSECTION OF THE UNITED STATES PIERHEAD LINE IN THE
 EAST RIVER AND THE CENTER LINE OF ONE  HUNDRED  TENTH  STREET  EXTENDED,
 THENCE  WESTERLY  TO  THE  CENTER  LINE  OF ONE HUNDRED TENTH STREET AND
 CONTINUING ALONG THE CENTER LINE OF ONE  HUNDRED  TENTH  STREET  TO  ITS
 WESTERLY  TERMINUS,  THENCE  WESTERLY  TO THE INTERSECTION OF THE CENTER
 LINE OF ONE HUNDRED TENTH STREET EXTENDED AND THE UNITED STATES PIERHEAD
 LINE IN THE HUDSON RIVER, THENCE SOUTHERLY ALONG THE UNITED STATES PIER-
 HEAD LINE IN THE HUDSON RIVER TO THE POINT OF BEGINNING; AND (C)  WHICH,
 UPON  CONVERSION  OR  ALTERATION  OR  IMPROVEMENT SUCH NEW USE IS EITHER
 SUBJECT TO AN AGREEMENT WITH (I) THE DIVISION OF HOUSING  AND  COMMUNITY
 RENEWAL  TO  PROVIDE  A  MINIMUM OF TWENTY -FIVE PERCENT OF SUCH HOUSING
 UNITS AS AFFORDABLE HOUSING, OR (II) WITH ANY STATE OR  CITY  AGENCY  TO
 PROVIDE HOUSING AND SUPPORTIVE SERVICES FOR ANY POPULATION.
   5.  COMMERCIAL  OFFICE BUILDINGS. THE PROVISIONS OF THIS SECTION SHALL
 APPLY TO ANY CONVERSION OF OR ALTERATION OR IMPROVEMENT TO  ANY  COMMER-
 CIAL OFFICE BUILDING THAT PRIOR TO THE DATE OF ENACTMENT OF THIS SECTION
 WAS  ALREADY  PERMITTED  BY  THIS ARTICLE AND APPLICABLE LOCAL LAW TO BE

 S. 2508--A                         26                         A. 3008--A
 
 OCCUPIED FOR RESIDENTIAL PURPOSES IN COMPLIANCE WITH  THE  STANDARDS  OF
 SECTION  277.    FURTHER,  THIS  SECTION  SHALL ONLY APPLY TO COMMERCIAL
 OFFICE BUILDINGS OR PORTION THEREOF (A) EXISTING ON JANUARY 1, 1980 WITH
 A VALID TEMPORARY CERTIFICATE OF OCCUPANCY OR PERMANENT CERTIFICATION OF
 OCCUPANCY;  OR  (B) EXISTING ON DECEMBER 31, 2020 WITH A VALID TEMPORARY
 CERTIFICATE OF OCCUPANCY OR PERMANENT CERTIFICATE OF OCCUPANCY, AND THAT
 IS PART OF AN ESTATE ADMINISTERED PURSUANT TO  11  U.S.C.  TITLE  11  OR
 SUBJECT TO RECEIVERSHIP PURSUANT TO CPLR SECTION 6401(A); AND (C) BEGIN-
 NING  AT  A POINT AT THE INTERSECTION OF THE EXTENSION OF THE SOUTH LINE
 OF WEST 60TH STREET WITH THE U.S. PIERHEAD LINE ON THE EAST SIDE OF  THE
 HUDSON  RIVER  AND  RUNS THENCE ALONG THE EXTENSION OF THE SOUTH LINE OF
 WEST 60TH STREET AND ALONG THE SOUTH LINE OF WEST 60TH STREET AND  ALONG
 THE  SOUTH LINE OF EAST 60TH STREET AND ALONG THE EXTENSION OF THE SOUTH
 LINE OF EAST 60TH STREET TO THE U.S. PIERHEAD LINE ON THE WEST  SIDE  OF
 THE  EAST RIVER, THENCE ALONG THE U.S. PIERHEAD LINE ON THE WEST SIDE OF
 THE EAST RIVER SOUTHERLY TO ITS INTERSECTION WITH THE U.S. PIERHEAD LINE
 ON THE EAST SIDE OF THE HUDSON RIVER, THENCE IN  A  NORTHERLY  DIRECTION
 ALONG  THE  U.S.   PIERHEAD LINE ON THE EAST SIDE OF THE HUDSON RIVER TO
 THE POINT OF BEGINNING; AND (D) WHICH, UPON CONVERSION OR ALTERATION  OR
 IMPROVEMENT SUCH NEW USE IS EITHER SUBJECT TO AN AGREEMENT WITH: (I) THE
 DIVISION  OF HOUSING AND COMMUNITY RENEWAL TO PROVIDE A MINIMUM OF TWEN-
 TY-FIVE PERCENT OF SUCH HOUSING UNITS CREATED AS AFFORDABLE HOUSING,  OR
 (II)  WITH  ANY  STATE  OR CITY AGENCY TO PROVIDE HOUSING AND SUPPORTIVE
 SERVICES FOR ANY POPULATION.
   6. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OTHER  STATE
 LAW  TO THE CONTRARY, NO LOCAL ZONING LAW ORDINANCE, RESOLUTION OR REGU-
 LATION ADDRESSING THE MINIMUM LIGHT AND AIR STANDARDS FOR JOINT  LIVING-
 WORK  QUARTERS  FOR  ARTISTS OR GENERAL RESIDENTIAL PORTIONS OF LOFTS OR
 MANUFACTURING AND COMMERCIAL BUILDINGS ALTERED TO RESIDENTIAL USE SHALL,
 EXCEPT AS SET FORTH HEREIN, LIMIT THE APPLICABILITY OF THIS ARTICLE  TO:
 (A)  BUILDING ERECTED PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
 TY; OR (B) SPECIFIC LOCATIONS  OR  DISTRICTS  WITHIN  THE  MUNICIPALITY.
 NOTWITHSTANDING  ANY LAW, OTHER LOCAL ZONING LAW, ORDINANCE, RESOLUTION,
 OR REGULATION TO THE CONTRARY, THE CONVERSIONS DESCRIBED IN THIS SECTION
 ARE HEREBY AUTHORIZED AND TO THE EXTENT ANY LAW,  ORDINANCE,  RESOLUTION
 OR REGULATION IS OR HEREAFTER BECOMES INCONSISTENT WITH THE PROVISION OF
 THIS  SECTION,  SUCH  LAW, ORDINANCE, RESOLUTION OR REGULATION IS HEREBY
 REPEALED PURSUANT TO SECTION 365.
   §2. SECTION 301 OF THE MULTIPLE DWELLING LAW IS AMENDED  BY  ADDING  A
 NEW PARAGRAPH 7 TO READ AS FOLLOWS:
   ANY  CERTIFICATE BY THE DEPARTMENT AUTHORIZING OCCUPANCY OF A DWELLING
 AS A CLASS B HOTEL SHALL ALSO  AUTHORIZE  OCCUPANCY  OF  UNITS  IN  SUCH
 DWELLING  FOR PERMANENT RESIDENCE PURPOSES, WHERE SUCH UNITS ARE SUBJECT
 TO AN AGREEMENT WITH THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OR  A
 STATE  OR  CITY  AGENCY  TO  PROVIDE  HOUSING  AND  SUPPORTIVE SERVICES,
 NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY STATE LAW, LOCAL
 LAW, ORDINANCE, RESOLUTION OR REGULATION THAT WOULD HAVE: (I) PROHIBITED
 SUCH OCCUPANCY, (II) REQUIRED A CHANGE OR ALTERATION TO THE DWELLING  OR
 (III) REQUIRED A NEW OR AMENDED CERTIFICATE.
   §3.  THE  COMMISSIONER  OF  THE NEW YORK STATE DIVISION OF HOUSING AND
 COMMUNITY RENEWAL MAY PROMULGATE  REGULATIONS  AND  RULES  NECESSARY  TO
 EFFECTUATE  THIS  ACT.   SUCH REGULATIONS MAY INCLUDE THE DEFINITION AND
 DETERMINATION OF AFFORDABLE OR SUPPORTIVE HOUSING AND THE LENGTH OF TIME
 SUCH HOUSING NEEDS TO REMAIN AFFORDABLE OR SUPPORTIVE.
   § 4. This act shall take effect immediately and shall expire  December
 31,  2024 when upon such date the provisions of this act shall be deemed

 S. 2508--A                         27                         A. 3008--A
 
 repealed, provided however, that no variance shall be required to obtain
 a certificate of occupancy if such building satisfied the provisions  of
 this act upon commencement, nor shall any other administrative action be
 required upon completion should this provision have otherwise expired.
 
                                  PART M
 
   Section  1.  Section  3  of  part S of chapter 58 of the laws of 2016,
 relating to transferring the statutory authority for the promulgation of
 marketing orders from the department of agriculture and markets  to  the
 New York state urban development corporation, as amended by section 1 of
 part Y of chapter 58 of the laws of 2018, is amended to read as follows:
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law [and shall expire and  be  deemed  repealed  July  31,
 2021]; provided, however, that any assessment due and payable under such
 marketing  orders shall be remitted to the urban development corporation
 starting 30 days after such effective date.
   § 2.  This act shall take effect immediately.
 
                                  PART N
 
   Section 1. Section 2 of chapter 21 of the laws of 2003,  amending  the
 executive  law  relating to permitting the secretary of state to provide
 special handling for all documents filed or issued by  the  division  of
 corporations  and to permit additional levels of such expedited service,
 as amended by section 1 of part R of chapter 58 of the laws of 2020,  is
 amended to read as follows:
   §  2.  This  act shall take effect immediately, provided however, that
 section one of this act shall be deemed to have been in full  force  and
 effect on and after April 1, 2003 [and shall expire March 31, 2021].
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after March 31, 2021.
 
                                  PART O
 
   Section 1. Paragraph (d) of section 304 of  the  business  corporation
 law is amended to read as follows:
   (d) Any  designated  [post-office]  POST  OFFICE  address to which the
 secretary of state shall mail a copy of process served upon him  OR  HER
 as  agent  of  a  domestic  corporation  or a foreign corporation, shall
 continue until the filing of a certificate  OR  OTHER  INSTRUMENT  under
 this  chapter  directing  the  mailing to a different [post-office] POST
 OFFICE address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH  THE  SECRETARY
 OF  STATE SHALL EMAIL NOTICE OF THE FACT THAT PROCESS HAS BEEN ELECTRON-
 ICALLY SERVED UPON HIM OR HER AS AGENT  OF  A  DOMESTIC  CORPORATION  OR
 FOREIGN  CORPORATION SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR
 OTHER INSTRUMENT UNDER THIS  CHAPTER  CHANGING  OR  DELETING  THE  EMAIL
 ADDRESS.
   §  2.  Subparagraph  1 of paragraph (b) of section 306 of the business
 corporation law, as amended by chapter 419  of  the  laws  of  1990,  is
 amended to read as follows:
   (1)  Service of process on the secretary of state as agent of a domes-
 tic or authorized foreign corporation shall be made [by  personally]  IN
 THE  MANNER  PROVIDED  BY  CLAUSE  (I) OR (II) OF THIS SUBPARAGRAPH. (I)
 PERSONALLY delivering to and leaving with the secretary of  state  or  a
 deputy,  or  with  any  person  authorized  by the secretary of state to

 S. 2508--A                         28                         A. 3008--A
 
 receive such service, at the office of the department of  state  in  the
 city of Albany, duplicate copies of such process together with the stat-
 utory fee, which fee shall be a taxable disbursement. Service of process
 on  such corporation shall be complete when the secretary of state is so
 served. The secretary of state shall promptly send one of such copies by
 certified mail, return receipt requested, to such  corporation,  at  the
 post  office  address, on file in the department of state, specified for
 the purpose. If a domestic or authorized foreign corporation has no such
 address on file in the department of state, the secretary of state shall
 so mail such copy, in the case of a domestic corporation, in care of any
 director named in its certificate of  incorporation  at  the  director's
 address  stated  therein or, in the case of an authorized foreign corpo-
 ration, to such corporation at the address of  its  office  within  this
 state  on  file in the department. (II) ELECTRONICALLY SUBMITTING A COPY
 OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER  WITH  THE  STATUTORY
 FEE,  WHICH  FEE  SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC
 SYSTEM OPERATED BY THE DEPARTMENT OF STATE,  PROVIDED  THE  DOMESTIC  OR
 AUTHORIZED  FOREIGN  CORPORATION  HAS  AN  EMAIL  ADDRESS ON FILE IN THE
 DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE
 OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY
 OF STATE. SERVICE OF PROCESS ON SUCH CORPORATION SHALL BE COMPLETE  WHEN
 THE  SECRETARY  OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROC-
 ESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A  NOTICE  OF  THE  FACT
 THAT PROCESS HAS BEEN SERVED TO SUCH CORPORATION AT THE EMAIL ADDRESS ON
 FILE  IN  THE  DEPARTMENT  OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL
 MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH CORPORATION.
   § 3. The opening paragraph of paragraph (b)  of  section  307  of  the
 business corporation law is amended to read as follows:
   Service  of such process upon the secretary of state shall be made [by
 personally] IN THE MANNER PROVIDED BY SUBPARAGRAPH ONE OR  TWO  OF  THIS
 PARAGRAPH.  (1)  PERSONALLY  delivering  to  and leaving with him or his
 deputy, or with any person authorized  by  the  secretary  of  state  to
 receive  such  service,  at the office of the department of state in the
 city of Albany, a copy of such process together with the statutory  fee,
 which fee shall be a taxable disbursement. (2) ELECTRONICALLY SUBMITTING
 A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STAT-
 UTORY  FEE,  WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELEC-
 TRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE. Such service shall be
 sufficient if notice thereof and a copy of the process are:
   § 4. Subparagraph 7 of paragraph (a) of section 402  of  the  business
 corporation law is amended to read as follows:
   (7)  A  designation  of  the secretary of state as agent of the corpo-
 ration upon whom process against it may be served and  the  post  office
 address  within  or  without  this state to which the secretary of state
 shall mail a copy of any process against it served upon him OR HER.  THE
 CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE
 SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC-
 TRONICALLY SERVED UPON HIM OR HER.
   § 5. Paragraph (b) of section 801 of the business corporation  law  is
 amended by adding a new subparagraph 15 to read as follows:
   (15)  TO  SPECIFY,  CHANGE  OR  DELETE  THE EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   § 6. Paragraph (b) of section 803 of the business corporation  law  is
 amended by adding a new subparagraph 4 to read as follows:

 S. 2508--A                         29                         A. 3008--A
 
   (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE-
 TARY  OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE
 CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  7.  Paragraph (b) of section 805-A of the business corporation law,
 as added by chapter 725 of the laws of  1964,  is  amended  to  read  as
 follows:
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 a  corporation served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH
 THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF  THE  FACT  THAT  PROCESS
 AGAINST  IT  HAS  BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE
 AND/OR the address of the registered agent, provided such address  being
 changed  is  the  address  of a person, partnership or other corporation
 whose address, as agent, is the address to be changed, AND/OR THE  EMAIL
 ADDRESS  BEING  CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR
 CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL  ADDRESS  TO  BE
 CHANGED,  or who has been designated as registered agent for such corpo-
 ration, may be signed[, verified] and delivered  to  the  department  of
 state  by  such  agent.  The  certificate  of change shall set forth the
 statements required under subparagraphs (a) (1), (2)  and  (3)  of  this
 section;  that  a notice of the proposed change was mailed to the corpo-
 ration by the party signing the certificate not less  than  thirty  days
 prior  to  the  date  of delivery to the department and that such corpo-
 ration has not objected thereto; and that the party signing the  certif-
 icate is the agent of such corporation to whose address the secretary of
 state  is  required  to mail copies of process [or], AND/OR THE AGENT OF
 THE CORPORATION TO  WHOSE  EMAIL  ADDRESS  THE  SECRETARY  OF  STATE  IS
 REQUIRED  TO  MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN
 ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered
 agent, if such be the case. A certificate signed[, verified] and  deliv-
 ered  under  this  paragraph  shall  not be deemed to effect a change of
 location of the office of the corporation in whose behalf  such  certif-
 icate is filed.
   §  8. Subparagraph 8 of paragraph (a) of section 904-a of the business
 corporation law, as amended by chapter 177  of  the  laws  of  2008,  is
 amended to read as follows:
   (8)  If  the surviving or resulting entity is a foreign corporation or
 other business entity, a designation of the secretary of  state  as  its
 agent upon whom process against it may be served in the manner set forth
 in  paragraph  (b)  of section three hundred six of this chapter, in any
 action or special proceeding, and a post office address, within or with-
 out this state, to which the secretary of state shall mail a copy of any
 process against it served upon him OR HER. THE CORPORATION  MAY  INCLUDE
 AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF
 THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM
 OR  HER.    Such  post  office address shall supersede any prior address
 designated as the address to which process  shall  be  mailed  AND  SUCH
 EMAIL  ADDRESS SHALL SUPERSEDE ANY PRIOR EMAIL ADDRESS DESIGNATED AS THE
 EMAIL ADDRESS TO WHICH A NOTICE SHALL BE SENT;
   § 9. Clause (G) of subparagraph 2 of paragraph (e) of section  907  of
 the  business  corporation law, as amended by chapter 494 of the laws of
 1997, is amended to read as follows:
   (G) A designation of the secretary of state as  its  agent  upon  whom
 process  against  it  may be served in the manner set forth in paragraph
 (b) of section 306 (Service  of  process),  in  any  action  or  special
 proceeding,  and a post office address, within or without this state, to

 S. 2508--A                         30                         A. 3008--A
 
 which the secretary of state shall mail a copy of any process against it
 served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS  TO
 WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC-
 ESS  AGAINST  IT  HAS  BEEN ELECTRONICALLY SERVED UPON HIM OR HER.  Such
 post office address shall supersede any prior address designated as  the
 address  to  which  process shall be mailed AND SUCH EMAIL ADDRESS SHALL
 SUPERSEDE ANY PRIOR EMAIL ADDRESS DESIGNATED AS  THE  EMAIL  ADDRESS  TO
 WHICH A NOTICE SHALL BE SENT.
   §  10. Subparagraph 6 of paragraph (a) of section 1304 of the business
 corporation law, as amended by chapter 684 of the laws of  1963  and  as
 renumbered  by  chapter  590  of the laws of 1982, is amended to read as
 follows:
   (6) A designation of the secretary of state as  its  agent  upon  whom
 process  against  it may be served and the post office address within or
 without this state to which the secretary of state shall mail a copy  of
 any  process  against  it  served  upon  him OR HER. THE CORPORATION MAY
 INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL  EMAIL  A
 NOTICE  OF  THE  FACT  THAT  PROCESS  AGAINST IT HAS BEEN ELECTRONICALLY
 SERVED UPON HIM OR HER.
   § 11. Paragraph (a) of section 1308 of the business corporation law is
 amended by adding a new subparagraph 10 to read as follows:
   (10) TO SPECIFY, CHANGE OR DELETE  THE  EMAIL  ADDRESS  TO  WHICH  THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   § 12. Paragraph (c) of section 1309-A of the business corporation law,
 as  amended  by  chapter  172  of the laws of 1999, is amended and a new
 subparagraph 4 is added to paragraph (a) to read as follows:
   (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE-
 TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST  THE
 CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   (c) A certificate of change of application for authority which changes
 only  the post office address to which the secretary of state shall mail
 a copy of any process against an authorized foreign  corporation  served
 upon  him  or  HER,  AND/OR  THE EMAIL ADDRESS TO WHICH THE SECRETARY OF
 STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS  BEEN
 ELECTRONICALLY  SERVED  UPON THE SECRETARY OF STATE AND/OR which changes
 the address of its  registered  agent,  provided  such  address  is  the
 address  of a person, partnership or other corporation whose address, as
 agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING
 CHANGED IS THE EMAIL ADDRESS OF A  PERSON,  PARTNERSHIP  OR  CORPORATION
 WHOSE  EMAIL  ADDRESS,  AS  AGENT,  IS  THE EMAIL ADDRESS TO BE CHANGED,
 AND/OR who has been designated as registered agent for  such  authorized
 foreign  corporation,  may  be signed and delivered to the department of
 state by such agent.  The  certificate  of  change  of  application  for
 authority  shall  set  forth the statements required under subparagraphs
 (1), (2), (3) and (4) of paragraph (b) of this section; that a notice of
 the proposed change was mailed by the party signing the  certificate  to
 the  authorized  foreign  corporation not less than thirty days prior to
 the date of delivery to the department and that such corporation has not
 objected thereto; and that the party  signing  the  certificate  is  the
 agent  of  such  foreign  corporation  to whose address the secretary of
 state is required to mail copies of process [or], AND/OR  THE  AGENT  OF
 SUCH  FOREIGN  CORPORATION TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE
 IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT  PROCESS  AGAINST  IT  HAS
 BEEN  ELECTRONICALLY  SERVED ON THE SECRETARY OF STATE AND/OR the regis-
 tered agent, if such be the case. A  certificate  signed  and  delivered

 S. 2508--A                         31                         A. 3008--A
 
 under  this paragraph shall not be deemed to effect a change of location
 of the office of the corporation in whose  behalf  such  certificate  is
 filed.
   §  13.  Subparagraph  6  of paragraph (a) and paragraph (d) of section
 1310 of the business corporation law, the opening paragraph of paragraph
 (d) as amended by chapter 172 of the laws of 1999, are amended  to  read
 as follows:
   (6)  A  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process  against  it  served
 upon  him  OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH
 THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF  THE  FACT  THAT  PROCESS
 AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   (d)  The  post office address AND/OR THE EMAIL ADDRESS specified under
 subparagraph (6) of paragraph (a) of this  section  may  be  changed.  A
 certificate,  entitled  "Certificate  of  amendment  of  certificate  of
 surrender of authority of ........ (name of corporation)  under  section
 1310  of  the  Business Corporation Law", shall be signed as provided in
 paragraph (a) of this section and delivered to the department of  state.
 It shall set forth:
   (1) The name of the foreign corporation.
   (2) The jurisdiction of its incorporation.
   (3)  The  date  its certificate of surrender of authority was filed by
 the department of state.
   (4) The changed post office address, within or without this state,  to
 which the secretary of state shall mail a copy of any process against it
 served  upon  him  OR  HER AND/OR THE CHANGED EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   § 14. Section 1311 of the business  corporation  law,  as  amended  by
 chapter 375 of the laws of 1998, is amended to read as follows:
 § 1311. Termination of existence.
   When  an  authorized foreign corporation is dissolved or its authority
 or existence is otherwise terminated or cancelled in the jurisdiction of
 its incorporation or when such foreign corporation  is  merged  into  or
 consolidated  with  another  foreign  corporation,  a certificate of the
 secretary of state, or official performing the equivalent function as to
 corporate records, of the jurisdiction of incorporation of such  foreign
 corporation attesting to the occurrence of any such event or a certified
 copy of an order or decree of a court of such jurisdiction directing the
 dissolution  of  such foreign corporation, the termination of its exist-
 ence or the cancellation of its authority  shall  be  delivered  to  the
 department  of  state.  The  filing  of the certificate, order or decree
 shall have the same effect as the filing of a certificate  of  surrender
 of  authority under section 1310 (Surrender of authority). The secretary
 of state shall continue as agent of the foreign  corporation  upon  whom
 process  against  it  may be served in the manner set forth in paragraph
 (b) of section 306 (Service  of  process),  in  any  action  or  special
 proceeding  based  upon  any  liability  or  obligation  incurred by the
 foreign corporation within this  state  prior  to  the  filing  of  such
 certificate,  order  or decree and he OR SHE shall promptly cause a copy
 of any such process to be mailed by [registered] CERTIFIED mail,  return
 receipt  requested,  to  such  foreign  corporation  at  the post office
 address on file in his OR HER office specified for  such  purpose  OR  A
 NOTICE  OF  THE  FACT  THAT PROCESS AGAINST SUCH FOREIGN CORPORATION HAS
 BEEN SERVED ON HIM OR HER TO BE EMAILED TO THE  FOREIGN  CORPORATION  AT
 THE  EMAIL  ADDRESS  ON  FILE  IN  HIS  OR HER OFFICE SPECIFIED FOR SUCH

 S. 2508--A                         32                         A. 3008--A
 
 PURPOSE.  The post office address AND/OR EMAIL ADDRESS may be changed by
 signing and delivering to the  department  of  state  a  certificate  of
 change  setting  forth  the  statements  required  under  section 1309-A
 (Certificate  of change; contents) to effect a change in the post office
 address AND/OR EMAIL ADDRESS under subparagraph (a) [(4)] (7) OR (10) of
 section 1308 (Amendments or changes).
   § 15. Subdivisions 2 and 3 of section 18 of the  general  associations
 law,  as  amended by chapter 13 of the laws of 1938, are amended to read
 as follows:
   2.  Every association doing business within this state shall  file  in
 the  department of state a certificate in its associate name, signed and
 acknowledged by its president, or a  vice-president,  or  secretary,  or
 treasurer,  or  managing director, or trustee, designating the secretary
 of state as an agent upon whom  process  in  any  action  or  proceeding
 against  the  association  may  be served within this state, and setting
 forth an address to which the secretary of state shall mail  a  copy  of
 any  process against the association which may be served upon him OR HER
 pursuant to law.  THE ASSOCIATION MAY INCLUDE AN EMAIL ADDRESS TO  WHICH
 THE  SECRETARY  OF  STATE  SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS
 AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR  HER.  Annexed  to
 the  certificate  of  designation  shall be a statement, executed in the
 same manner as the certificate is required to  be  executed  under  this
 section, which shall set forth:
   (a)  the names and places of residence of its officers and trustees
   (b)  its principal place of business
   (c)    the  place where its office within this state is located and if
 such place be in a city, the location thereof by street  and  number  or
 other particular description.
   3. Any association, from time to time, may change the address to which
 the secretary of state is directed to mail copies of process OR SPECIFY,
 CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL
 EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE ASSOCIATION HAS BEEN
 ELECTRONICALLY  SERVED  UPON  HIM  OR HER, by filing a statement to that
 effect, executed, signed and acknowledged in like manner  as  a  certif-
 icate of designation as herein provided.
   §  16. Section 19 of the general associations law, as amended by chap-
 ter 166 of the laws of 1991, is amended to read as follows:
   § 19. Service of process. Service of process  against  an  association
 upon  the secretary of state shall be made [by personally] IN THE MANNER
 PROVIDED BY SUBDIVISION ONE OR  TWO  OF  THIS  SECTION.  (1)  PERSONALLY
 delivering to and leaving with him [or a deputy secretary of state or an
 associate attorney, senior attorney or attorney in the corporation divi-
 sion  of  the department of state] OR HER OR WITH A PERSON AUTHORIZED BY
 THE SECRETARY OF STATE TO RECEIVE SUCH SERVICE, duplicate copies of such
 process at the office of the department of state in the city of  Albany.
 At  the  time  of  such  service  the plaintiff shall pay a fee of forty
 dollars to the secretary of state which shall be a taxable disbursement.
 [If the cost of registered mail for transmitting a copy of  the  process
 shall  exceed  two dollars, an additional fee equal to such excess shall
 be paid at the time of the service of such process.]  The  secretary  of
 state shall [forthwith] PROMPTLY send by [registered] CERTIFIED mail one
 of such copies to the association at the address fixed for that purpose,
 as herein provided.  (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS
 TO  THE  DEPARTMENT  OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE
 SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC  SYSTEM  OPERATED
 BY  THE  DEPARTMENT  OF  STATE,  PROVIDED  THE  ASSOCIATION HAS AN EMAIL

 S. 2508--A                         33                         A. 3008--A
 
 ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO  WHICH  THE  SECRETARY  OF
 STATE  SHALL  EMAIL  A  NOTICE  OF THE FACT THAT PROCESS HAS BEEN SERVED
 ELECTRONICALLY ON THE SECRETARY OF STATE. SERVICE  OF  PROCESS  ON  SUCH
 ASSOCIATION  SHALL  BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED
 AND ACCEPTED SERVICE OF SUCH PROCESS.   THE  SECRETARY  OF  STATE  SHALL
 PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH ASSOCIATION
 HAS  BEEN  SERVED ELECTRONICALLY UPON HIM OR HER, TO SUCH ASSOCIATION AT
 THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR  THE
 PURPOSE  AND  SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH ASSOCI-
 ATION. If the action or proceeding is instituted in a court  of  limited
 jurisdiction,  service  of process may be made in the manner provided in
 this section if the cause of action arose within the territorial  juris-
 diction  of  the  court and the office of the defendant, as set forth in
 its statement filed pursuant to section eighteen  of  this  chapter,  is
 within such territorial jurisdiction.
   §  17.  Paragraph  4  of subdivision (e) of section 203 of the limited
 liability company law, as added by chapter 470 of the laws of  1997,  is
 amended to read as follows:
   (4)  a  designation  of the secretary of state as agent of the limited
 liability company upon whom process against it may  be  served  and  the
 post  office address within or without this state to which the secretary
 of state shall mail a copy of any process against the limited  liability
 company  served  upon  him  or  her.  THE  LIMITED LIABILITY COMPANY MAY
 INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL  EMAIL  A
 NOTICE  OF  THE  FACT  THAT  PROCESS  AGAINST IT HAS BEEN ELECTRONICALLY
 SERVED UPON HIM OR HER;
   § 18. Subdivision (d) of section 211 of the limited liability  company
 law is amended by adding a new paragraph 10 to read as follows:
   (10)  TO  SPECIFY,  CHANGE  OR  DELETE  THE EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE LIMITED LIABILITY COMPANY HAS BEEN ELECTRONICALLY SERVED UPON HIM OR
 HER.
   § 19. Section 211-A of the limited liability company law, as added  by
 chapter 448 of the laws of 1998, is amended to read as follows:
   §  211-A.  Certificate  of change. (a) A limited liability company may
 amend its articles of organization from time to time to (i)  specify  or
 change  the  location  of  the  limited liability company's office; (ii)
 specify or change the post office address  to  which  the  secretary  of
 state  shall  mail  a  copy of any process against the limited liability
 company served upon him OR HER; [and] (iii) SPECIFY,  CHANGE  OR  DELETE
 THE  EMAIL  ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE
 OF THE FACT THAT PROCESS AGAINST THE LIMITED LIABILITY COMPANY HAS  BEEN
 ELECTRONICALLY  SERVED  UPON HIM OR HER; AND (IV) make, revoke or change
 the designation of a registered agent, or specify or change the  address
 of  the  registered  agent.  Any  one or more such changes may be accom-
 plished by filing a  certificate  of  change  which  shall  be  entitled
 "Certificate  of  Change  of ....... (name of limited liability company)
 under section 211-A of the Limited Liability Company Law" and  shall  be
 signed and delivered to the department of state. It shall set forth:
   (1)  the  name  of  the  limited liability company, and if it has been
 changed, the name under which it was formed;
   (2) the date the articles of organization were filed by the department
 of state; and
   (3) each change effected thereby.
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against

 S. 2508--A                         34                         A. 3008--A
 
 a limited liability company served upon him or  HER,  AND/OR  THE  EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT  PROCESS  AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRE-
 TARY  OF STATE AND/OR the address of the registered agent, provided such
 address being changed, AND/OR THE EMAIL ADDRESS  BEING  CHANGED  IS  THE
 EMAIL  ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL
 ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, is the address of
 a person, partnership or corporation whose address,  as  agent,  is  the
 address to be changed or who has been designated as registered agent for
 such  limited  liability  company  may  be  signed  and delivered to the
 department of state by such agent. The certificate of change  shall  set
 forth  the  statements  required  under subdivision (a) of this section;
 that a notice of the proposed change was mailed to the domestic  limited
 liability  company  by  the  party signing the certificate not less than
 thirty days prior to the date of delivery to the department of state and
 that such domestic limited liability company has not  objected  thereto;
 and  that the party signing the certificate is the agent of such limited
 liability company to whose address the secretary of state is required to
 mail copies of process, AND/OR THE AGENT OF THE LIMITED LIABILITY COMPA-
 NY TO WHOSE EMAIL ADDRESS OF THE   SECRETARY OF  STATE  IS  REQUIRED  TO
 EMAIL  A  NOTICE  OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRON-
 ICALLY SERVED UPON THE SECRETARY OF STATE, or the registered  agent,  if
 such be the case. A certificate signed and delivered under this subdivi-
 sion shall not be deemed to effect a change of location of the office of
 the limited liability company in whose behalf such certificate is filed.
   §  20. Subdivision (c) of section 301 of the limited liability company
 law is amended to read as follows:
   (c) Any designated post office address to which the secretary of state
 shall mail a copy of process served upon him or her as agent of a domes-
 tic limited liability company or a  foreign  limited  liability  company
 shall  continue  until  the  filing of a certificate OR OTHER INSTRUMENT
 under this chapter directing the mailing  to  a  different  post  office
 address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE
 SHALL  EMAIL  A  NOTICE OF THE FACT THAT PROCESS HAS BEEN ELECTRONICALLY
 SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC LIMITED LIABILITY  COMPANY
 OR FOREIGN LIMITED LIABILITY COMPANY, SHALL CONTINUE UNTIL THE FILING OF
 A  CERTIFICATE OR OTHER INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELET-
 ING SUCH EMAIL ADDRESS.
   § 21. Subdivision (a) of section 303 of the limited liability  company
 law,  as  relettered  by  chapter 341 of the laws of 1999, is amended to
 read as follows:
   (a) Service of process on the secretary of state as agent of a  domes-
 tic  limited  liability  company or authorized foreign limited liability
 company shall be made [by personally] IN THE MANNER  PROVIDED  BY  PARA-
 GRAPH  ONE OR TWO OF THIS SUBDIVISION.  (1) PERSONALLY delivering to and
 leaving with the secretary of state or his or her deputy,  or  with  any
 person  authorized by the secretary of state to receive such service, at
 the office of the department of state in the city of  Albany,  duplicate
 copies  of such process together with the statutory fee, which fee shall
 be a taxable disbursement. Service of process on such limited  liability
 company  shall be complete when the secretary of state is so served. The
 secretary of state shall promptly send one of such copies  by  certified
 mail, return receipt requested, to such limited liability company at the
 post  office  address  on  file in the department of state specified for
 that purpose. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE
 DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL  BE

 S. 2508--A                         35                         A. 3008--A
 
 A  TAXABLE  DISBURSEMENT,  THROUGH  AN ELECTRONIC SYSTEM OPERATED BY THE
 DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED FOREIGN LIMITED
 LIABILITY COMPANY HAS AN EMAIL ADDRESS ON  FILE  IN  THE  DEPARTMENT  OF
 STATE  TO  WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY  OF  STATE.
 SERVICE  OF  PROCESS ON SUCH LIMITED LIABILITY COMPANY SHALL BE COMPLETE
 WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED  SERVICE  OF  SUCH
 PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT
 THAT  PROCESS  AGAINST  SUCH  LIMITED  LIABILITY COMPANY HAS BEEN SERVED
 ELECTRONICALLY ON HIM OR HER TO SUCH LIMITED LIABILITY  COMPANY  AT  THE
 EMAIL  ADDRESS  ON  FILE  IN  THE DEPARTMENT OF STATE, SPECIFIED FOR THE
 PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO  SUCH  LIMITED
 LIABILITY COMPANY.
   §  22. Subdivision (b) of section 304 of the limited liability company
 law is amended to read as follows:
   (b) Service of such process upon the secretary of state shall be  made
 [by  personally]  IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF THIS
 SUBDIVISION.
   (1) PERSONALLY delivering to and leaving with the secretary  of  state
 or  his or her deputy, or with any person authorized by the secretary of
 state to receive such service, at the office of the department of  state
 in the city of Albany, a copy of such process together with the statuto-
 ry fee, which fee shall be a taxable disbursement.
   (2)  ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT
 OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE  A  TAXABLE
 DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF
 STATE.
   §  23.  Paragraph  4  of subdivision (a) of section 802 of the limited
 liability company law, as amended by chapter 470 of the laws of 1997, is
 amended to read as follows:
   (4) a designation of the secretary of state as  its  agent  upon  whom
 process  against  it may be served and the post office address within or
 without this state to which the secretary of state shall mail a copy  of
 any  process  against  it  served upon him or her. THE LIMITED LIABILITY
 COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH  THE  SECRETARY  OF  STATE
 SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC-
 TRONICALLY SERVED UPON HIM OR HER;
   § 24. Section 804-A of the limited liability company law, as added  by
 chapter 448 of the laws of 1998, is amended to read as follows:
   § 804-A. Certificate of change. (a) A foreign limited liability compa-
 ny  may  amend  its  application  for authority from time to time to (i)
 specify or change  the  location  of  the  limited  liability  company's
 office;  (ii)  specify  or  change  the post office address to which the
 secretary of state shall mail a copy of any process against the  limited
 liability company served upon him OR HER; [and] (iii) SPECIFY, CHANGE OR
 DELETE  THE  EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A
 NOTICE OF THE FACT THAT PROCESS AGAINST THE  LIMITED  LIABILITY  COMPANY
 HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; AND (IV) to make, revoke
 or change the designation of a registered agent, or to specify or change
 the  address  of a registered agent. Any one or more such changes may be
 accomplished by filing a certificate of change which shall  be  entitled
 "Certificate  of  Change of ........ (name of limited liability company)
 under section 804-A of the Limited Liability Company Law" and  shall  be
 signed and delivered to the department of state. It shall set forth:

 S. 2508--A                         36                         A. 3008--A
 
   (1) the name of the foreign limited liability company and, if applica-
 ble, the fictitious name the limited liability company has agreed to use
 in this state pursuant to section eight hundred two of this article;
   (2) the date its application for authority was filed by the department
 of state; and
   (3) each change effected thereby,
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 a  foreign  limited liability company served upon him or HER, AND/OR THE
 EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL  A  NOTICE  OF
 THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE
 SECRETARY OF STATE, AND/OR the address of the registered agent, provided
 such  address  being  changed is the address of a person, partnership or
 corporation whose address, as agent,  is  the  address  to  be  changed,
 AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON,
 PARTNERSHIP  OR  OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE
 EMAIL ADDRESS TO BE CHANGED, or who has been  designated  as  registered
 agent  for such limited liability company may be signed and delivered to
 the department of state by such agent. The certificate of  change  shall
 set forth the statements required under subdivision (a) of this section;
 that  a  notice of the proposed change was mailed to the foreign limited
 liability company by the party signing the  certificate  not  less  than
 thirty days prior to the date of delivery to the department of state and
 that  such  foreign  limited liability company has not objected thereto;
 and that the party signing the certificate is the agent of such  foreign
 limited  liability  company  to  whose address the secretary of state is
 required to mail copies of process, AND/OR THE  AGENT  OF  SUCH  FOREIGN
 LIMITED  LIABILITY COMPANY TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE
 IS REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS  AGAINST  IT  HAS
 BEEN  ELECTRONICALLY  SERVED  UPON THE SECRETARY OF STATE, or the regis-
 tered agent, if such be the case. A  certificate  signed  and  delivered
 under  this  subdivision  shall  not  be  deemed  to  effect a change of
 location of the office of the foreign limited liability company in whose
 behalf such certificate is filed.
   § 25. Paragraph 6 of subdivision (b) of section  806  of  the  limited
 liability company law is amended to read as follows:
   (6)  a  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process  against  it  served
 upon  him  or  her.   THE LIMITED LIABILITY COMPANY MAY INCLUDE AN EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   § 26. Section 807 of the limited liability company law is  amended  to
 read as follows:
   §  807.  Termination  of  existence.  When a foreign limited liability
 company that has received a certificate of authority is dissolved or its
 authority to conduct its business or existence is  otherwise  terminated
 or  canceled  in  the jurisdiction of its formation or when such foreign
 limited liability company is merged into or  consolidated  with  another
 foreign limited liability company, (a) a certificate of the secretary of
 state  or  official  performing  the  equivalent  function as to limited
 liability company records in the jurisdiction of  organization  of  such
 limited  liability company attesting to the occurrence of any such event
 or (b) a certified copy of an order or decree of a court of such  juris-
 diction  directing  the  dissolution  of  such foreign limited liability
 company, the termination of  its  existence  or  the  surrender  of  its
 authority  shall  be delivered to the department of state. The filing of

 S. 2508--A                         37                         A. 3008--A

 the certificate, order or decree shall  have  the  same  effect  as  the
 filing  of  a  certificate of surrender of authority under section eight
 hundred six of this article. The secretary of state  shall  continue  as
 agent of the foreign limited liability company upon whom process against
 it  may be served in the manner set forth in article three of this chap-
 ter, in any action or proceeding based upon any liability or  obligation
 incurred  by  the  foreign  limited  liability company within this state
 prior to the filing of such  certificate,  order  or  decree.  The  post
 office  address  AND/OR  EMAIL ADDRESS may be changed by filing with the
 department of state a  certificate  of  amendment  under  section  eight
 hundred four of this article.
   §  27.  Paragraph 11 of subdivision (a) of section 1003 of the limited
 liability company law, as amended by chapter 374 of the laws of 1998, is
 amended to read as follows:
   (11) a designation of the secretary of state as its  agent  upon  whom
 process  against  it  may  be  served in the manner set forth in article
 three of this chapter in any action or special proceeding,  and  a  post
 office  address, within or without this state, to which the secretary of
 state shall mail a copy of any process served upon  him  or  her.    THE
 LIMITED  LIABILITY  COMPANY  MAY  INCLUDE  AN EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 IT HAS BEEN ELECTRONICALLY SERVED UPON HIM  OR  HER.  Such  post  office
 address OR EMAIL ADDRESS shall supersede any prior address designated as
 the address to which process shall be mailed OR A NOTICE EMAILED;
   §  28.  Paragraph  6 of subdivision (a) of section 1306 of the limited
 liability company law is amended to read as follows:
   (6) a designation of the secretary of state as  its  agent  upon  whom
 process  against  it may be served and the post office address within or
 without this state to which the secretary of state shall mail a copy  of
 any  process  against  it  served upon him or her. THE LIMITED LIABILITY
 COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH  THE  SECRETARY  OF  STATE
 SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC-
 TRONICALLY SERVED UPON HIM OR HER; and
   § 29. Paragraph (d) of section 304 of the  not-for-profit  corporation
 law,  as  amended by chapter 358 of the laws of 2015, is amended to read
 as follows:
   (d) Any designated post-office address to which the secretary of state
 shall mail a copy of process served upon him or her as agent of a domes-
 tic corporation formed under article four of  this  chapter  or  foreign
 corporation,  shall  continue until the filing of a certificate OR OTHER
 INSTRUMENT under this chapter directing the mailing to a different post-
 office address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH  THE  SECRETARY
 OF  STATE  SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN ELEC-
 TRONICALLY SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC CORPORATION  OR
 FOREIGN CORPORATION, SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR
 OTHER  INSTRUMENT  UNDER  THIS  CHAPTER  CHANGING  OR DELETING THE EMAIL
 ADDRESS.
   § 30. Paragraph (b) of section 306 of the  not-for-profit  corporation
 law, as amended by chapter 23 of the laws of 2014, is amended to read as
 follows:
   (b)  Service of process on the secretary of state as agent of a domes-
 tic corporation formed under article four of this chapter or an  author-
 ized  foreign  corporation  shall  be made [by personally] IN THE MANNER
 PROVIDED BY SUBPARAGRAPH ONE OR TWO OF THIS  PARAGRAPH.  (1)  PERSONALLY
 delivering  to  and  leaving  with  the secretary of state or his or her
 deputy, or with any person authorized  by  the  secretary  of  state  to

 S. 2508--A                         38                         A. 3008--A
 
 receive  such  service,  at the office of the department of state in the
 city of Albany, duplicate copies of such process together with the stat-
 utory fee, which fee shall be a taxable disbursement. Service of process
 on  such corporation shall be complete when the secretary of state is so
 served.  The secretary of state shall promptly send one of  such  copies
 by certified mail, return receipt requested, to such corporation, at the
 post  office  address, on file in the department of state, specified for
 the purpose. If a domestic corporation formed under article four of this
 chapter or an authorized foreign corporation has no such address on file
 in the department of state, the secretary of state shall  so  mail  such
 copy  to such corporation at the address of its office within this state
 on file in the department.  (2) ELECTRONICALLY SUBMITTING A COPY OF  THE
 PROCESS  TO  THE  DEPARTMENT  OF  STATE TOGETHER WITH THE STATUTORY FEE,
 WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC  SYSTEM
 OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED
 FOREIGN  CORPORATION  HAS  AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF
 STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF  THE  FACT
 THAT  PROCESS  HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE.
 SERVICE OF PROCESS ON SUCH CORPORATION SHALL BE COMPLETE WHEN THE SECRE-
 TARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE  OF  SUCH  PROCESS.  THE
 SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS
 AGAINST SUCH CORPORATION HAS BEEN SERVED ELECTRONICALLY ON HIM OR HER TO
 SUCH  CORPORATION  AT  THE  EMAIL  ADDRESS  ON FILE IN THE DEPARTMENT OF
 STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY  OF  THE  PROCESS
 AVAILABLE TO SUCH CORPORATION.
   §  31.  Paragraph (b) of section 307 of the not-for-profit corporation
 law is amended to read as follows:
   (b) (1) Service of such process upon the secretary of state  shall  be
 made [by personally] IN THE MANNER PROVIDED BY ITEMS (I) OR (II) OF THIS
 SUBPARAGRAPH.  (I)  PERSONALLY delivering to and leaving with him or his
 deputy, or with any person authorized  by  the  secretary  of  state  to
 receive  such  service,  at the office of the department of state in the
 city of Albany, a copy of such process together with the statutory  fee,
 which fee shall be a taxable disbursement. [Such service] (II) ELECTRON-
 ICALLY  SUBMITTING  A  COPY  OF  THE  PROCESS TO THE DEPARTMENT OF STATE
 TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE  DISBURSE-
 MENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE.
   (2) SERVICE UNDER THIS PARAGRAPH shall be sufficient if notice thereof
 and a copy of the process are:
   [(1)]  (I)  Delivered  personally  without  this state to such foreign
 corporation by a person and in the manner authorized to serve process by
 law of the jurisdiction in which service is made, or
   [(2)] (II) Sent by or on behalf  of  the  plaintiff  to  such  foreign
 corporation  by  registered  mail  with return receipt requested, at the
 post office address specified for the purpose  of  mailing  process,  on
 file in the department of state, or with any official or body performing
 the equivalent function, in the jurisdiction of its incorporation, or if
 no  such  address  is there specified, to its registered or other office
 there specified, or if no such office is there specified,  to  the  last
 address of such foreign corporation known to the plaintiff.
   §  32.  Subparagraph 6 of paragraph (a) of section 402 of the not-for-
 profit corporation law, as added by chapter 564 of the laws of 1981  and
 as  renumbered by chapter 132 of the laws of 1985, is amended to read as
 follows:
   (6) A designation of the secretary of state as  agent  of  the  corpo-
 ration  upon  whom  process against it may be served and the post office

 S. 2508--A                         39                         A. 3008--A

 address within or without this state to which  the  secretary  of  state
 shall  mail a copy of any process against it served upon him OR HER. THE
 CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE
 SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC-
 TRONICALLY SERVED UPON HIM OR HER.
   § 33. Paragraph (b) of section 801 of the  not-for-profit  corporation
 law is amended by adding a new paragraph 10 to read as follows:
   (10)  TO  SPECIFY,  CHANGE  OR  DELETE  THE EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE THAT PROCESS AGAINST THE  CORPO-
 RATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  34.  Paragraph (c) of section 802 of the not-for-profit corporation
 law is amended by adding a new paragraph 4 to read as follows:
   (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE-
 TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST  THE
 CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  35.  Subparagraph 6 of paragraph (a) of section 803 of the not-for-
 profit corporation law, as amended by chapter 23 of the laws of 2014, is
 amended to read as follows:
   (6) A designation of the secretary of state as  agent  of  the  corpo-
 ration  upon  whom  process against it may be served and the post office
 address within or without this state to which  the  secretary  of  state
 shall  mail  a copy of any process against it served upon the secretary.
 THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE  SECRETARY  OF
 STATE  SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN
 ELECTRONICALLY SERVED UPON HIM OR HER.
   § 36. Paragraph (b) of section 803-A of the not-for-profit corporation
 law, as amended by chapter 172 of the laws of 1999, is amended  to  read
 as follows:
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 the  corporation  served  upon  him  or HER, AND/OR THE EMAIL ADDRESS TO
 WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC-
 ESS AGAINST IT HAS BEEN ELECTRONICALLY  SERVED  UPON  THE  SECRETARY  OF
 STATE, AND/OR the address of the registered agent, provided such address
 being  changed  is  the address of a person, partnership or other corpo-
 ration whose address, as agent, is  the  address  to  be  changed  [or],
 AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON,
 PARTNERSHIP  OR OTHER CORPORATION, WHOSE EMAIL ADDRESS, AS AGENT, IS THE
 EMAIL ADDRESS TO BE CHANGED, AND/OR who has been  designated  as  regis-
 tered  agent  for  such  corporation, may be signed and delivered to the
 department of state by such agent. The certificate of change  shall  set
 forth  the  statements  required under subparagraphs (1), (2) and (3) of
 paragraph (a) of this section; that a notice of the proposed change  was
 mailed  to the corporation by the party signing the certificate not less
 than thirty days prior to the date of delivery  to  the  department  and
 that such corporation has not objected thereto; and that the party sign-
 ing  the  certificate  is the agent of such corporation to whose address
 the secretary of state is required to mail copies of any process against
 the corporation served upon him or HER, AND/OR THE AGENT OF  THE  CORPO-
 RATION  TO WHOSE THE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO
 EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN
 ELECTRONICALLY SERVED UPON HIM OR HER, AND/OR the registered  agent,  if
 such  be  the  case. A certificate signed and delivered under this para-
 graph shall not be deemed to effect a change of location of  the  office
 of the corporation in whose behalf such certificate is filed.

 S. 2508--A                         40                         A. 3008--A
 
   §  37. Paragraph (c) of section 1310 of the not-for-profit corporation
 law, as amended by chapter 172 of the laws of 1999, is amended and a new
 subparagraph 4 is added to paragraph (a) to read as follows:
   (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE-
 TARY  OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE
 CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   (c) A certificate of change of application for authority which changes
 only the post office address to which the secretary of state shall  mail
 a  copy  of any process against an authorized foreign corporation served
 upon him or HER, THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL
 EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT  HAS  BEEN  ELECTRON-
 ICALLY  SERVED  UPON  THE  SECRETARY  OF  STATE AND/OR which changes the
 address of its registered agent, provided such address is the address of
 a person, partnership or other corporation whose address, as  agent,  is
 the address to be changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE
 EMAIL  ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL
 ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, or who  has  been
 designated  as registered agent for such authorized foreign corporation,
 may be signed and delivered to the department of state  by  such  agent.
 The  certificate  of change of application for authority shall set forth
 the statements required under subparagraphs (1), (2),  (3)  and  (4)  of
 paragraph  (b) of this section; that a notice of the proposed change was
 mailed by the party signing the certificate to  the  authorized  foreign
 corporation  not  less than thirty days prior to the date of delivery to
 the department and that such corporation has not objected  thereto;  and
 that  the  party  signing  the  certificate is the agent of such foreign
 corporation to whose address the secretary of state is required to  mail
 copies  of process [or], AND/OR THE AGENT OF SUCH FOREIGN CORPORATION TO
 WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO EMAIL A NOTICE
 OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED  UPON
 THE  SECRETARY  OF  STATE,  AND/OR  the registered agent, if such be the
 case. A certificate signed and delivered under this paragraph shall  not
 be  deemed  to  effect  a change of location of the office of the corpo-
 ration in whose behalf such certificate is filed.
   § 38. Subparagraph 6 of paragraph (a) of section 1311 of the  not-for-
 profit corporation law is amended to read as follows:
   (6)  A  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process  against  it  served
 upon  him  OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH
 THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF  THE  FACT  THAT  PROCESS
 AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  39.  Section 1312 of the not-for-profit corporation law, as amended
 by chapter 375 of the laws of 1998, is amended to read as follows:
 § 1312. Termination of existence.
   When an authorized foreign corporation is dissolved or  its  authority
 or existence is otherwise terminated or cancelled in the jurisdiction of
 its  incorporation  or  when  such foreign corporation is merged into or
 consolidated with another foreign  corporation,  a  certificate  of  the
 secretary of state, or official performing the equivalent function as to
 corporate  records, of the jurisdiction of incorporation of such foreign
 corporation attesting to the occurrence of any such event or a certified
 copy of an order or decree of a court of such jurisdiction directing the
 dissolution of such foreign corporation, the termination of  its  exist-
 ence  or  the  cancellation  of  its authority shall be delivered to the
 department of state.  The filing of the  certificate,  order  or  decree
 shall  have  the same effect as the filing of a certificate of surrender

 S. 2508--A                         41                         A. 3008--A

 of authority under section 1311 (Surrender of authority).  The secretary
 of state shall continue as agent of the foreign  corporation  upon  whom
 process  against  it  may be served in the manner set forth in paragraph
 (b)  of  section  306  (Service  of  process),  in any action or special
 proceeding based upon  any  liability  or  obligation  incurred  by  the
 foreign  corporation  within  this  state  prior  to  the filing of such
 certificate, order or decree and he shall promptly cause a copy  of  any
 such process to be mailed by [registered] CERTIFIED mail, return receipt
 requested,  to  such  foreign  corporation at the post office address on
 file in his OR HER office specified for such purpose OR A NOTICE OF  THE
 FACT  THAT PROCESS AGAINST THE CORPORATION HAS BEEN SERVED ON HIM OR HER
 TO BE EMAILED TO THE FOREIGN CORPORATION AT THE EMAIL ADDRESS ON FILE IN
 HIS OR HER OFFICE SPECIFIED FOR SUCH PURPOSE.  The post  office  address
 AND/OR  EMAIL  ADDRESS  may  be changed by signing and delivering to the
 department of state a certificate of change setting forth the statements
 required under section 1310  (Certificate  of  change[,];  contents)  to
 effect  a  change  in the post office address AND/OR EMAIL ADDRESS under
 subparagraph (a) [(4)] (7) of section 1308 (Amendments or changes).
   § 40. Subdivision (c) of section 121-104 of the  partnership  law,  as
 added by chapter 950 of the laws of 1990, is amended to read as follows:
   (c) Any designated post office address to which the secretary of state
 shall  mail  a  copy  of  process served upon him as agent of a domestic
 limited partnership or foreign limited partnership shall continue  until
 the  filing  of  a  certificate  OR  OTHER INSTRUMENT under this article
 directing the mailing to a different post office address AND ANY  DESIG-
 NATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE
 OF  THE  FACT  THAT PROCESS AGAINST SUCH DOMESTIC LIMITED PARTNERSHIP OR
 FOREIGN LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON  HIM  OR
 HER  AS AGENT OF A DOMESTIC LIMITED PARTNERSHIP OR FOREIGN LIMITED PART-
 NERSHIP, SHALL CONTINUE UNTIL THE  FILING  OF  A  CERTIFICATE  OR  OTHER
 INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELETING THE EMAIL ADDRESS.
   §  41. Subdivision (a) and the opening paragraph of subdivision (b) of
 section 121-109 of the partnership law, as added by chapter 950  of  the
 laws  of  1990 and as relettered by chapter 341 of the laws of 1999, are
 amended to read as follows:
   (a) Service of process on the secretary of state as agent of a  domes-
 tic or authorized foreign limited partnership shall be made [as follows]
 IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF THIS SUBDIVISION:
   (1)  By personally delivering to and leaving with him OR HER or his OR
 HER deputy, or with any person authorized by the secretary of  state  to
 receive  such  service,  at the office of the department of state in the
 city of Albany, duplicate copies of such process together with the stat-
 utory fee, which fee shall be a taxable disbursement.
   [(2)] The service on the limited  partnership  is  complete  when  the
 secretary of state is so served.
   [(3)] The secretary of state shall promptly send one of such copies by
 certified mail, return receipt requested, addressed to the limited part-
 nership  at the post office address, on file in the department of state,
 specified for that purpose.
   (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE  DEPARTMENT
 OF  STATE  TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE
 DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF
 STATE, PROVIDED THE DOMESTIC OR AUTHORIZED FOREIGN  LIMITED  PARTNERSHIP
 HAS  AN  EMAIL  ADDRESS  ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE  FACT  THAT  PROCESS  HAS
 BEEN  SERVED  ELECTRONICALLY  ON THE SECRETARY OF STATE AS AGENT OF SUCH

 S. 2508--A                         42                         A. 3008--A
 
 DOMESTIC OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP. SERVICE  OF  PROCESS
 ON  SUCH  LIMITED  PARTNERSHIP OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP
 SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND  ACCEPTED
 SERVICE  OF  SUCH  PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A
 NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED TO SUCH LIMITED PARTNER-
 SHIP AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE,  SPECIFIED
 FOR  THE  PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH
 LIMITED PARTNERSHIP OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP.
   In any case in  which  a  non-domiciliary  would  be  subject  to  the
 personal or other jurisdiction of the courts of this state under article
 three of the civil practice law and rules, a foreign limited partnership
 not  authorized to do business in this state is subject to a like juris-
 diction. In any such case, process against such foreign limited partner-
 ship may be served upon the secretary of state as its agent. Such  proc-
 ess  may  issue  in  any  court in this state having jurisdiction of the
 subject matter.  Service of process upon the secretary of state shall be
 made [by personally] IN THE MANNER PROVIDED BY PARAGRAPH ONE OR  TWO  OF
 THIS  SUBDIVISION.  (1) PERSONALLY delivering to and leaving with him or
 his deputy, or with any person authorized by the secretary of  state  to
 receive  such  service,  at the office of the department of state in the
 city of Albany, a copy of such process together with the statutory  fee,
 which  fee  shall be a taxable disbursement.  (2) ELECTRONICALLY SUBMIT-
 TING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH  THE
 STATUTORY  FEE,  WHICH  FEE  SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN
 ELECTRONIC SYSTEM OPERATED BY THE  DEPARTMENT  OF  STATE.  Such  service
 shall be sufficient if notice thereof and a copy of the process are:
   §  42.  Paragraph 3 of subdivision (a) of section 121-201 of the part-
 nership law, as amended by chapter 264 of the laws of 1991,  is  amended
 to read as follows:
   (3)  a  designation  of the secretary of state as agent of the limited
 partnership upon whom process against it may  be  served  and  the  post
 office  address  within  or without this state to which the secretary of
 state shall mail a copy of any process against it  served  upon  him  OR
 HER.  THE  LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
   § 43. Paragraph 4 of subdivision (b) of section 121-202 of  the  part-
 nership  law,  as amended by chapter 576 of the laws of 1994, is amended
 to read as follows:
   (4) a change in the name of the limited partnership, or  a  change  in
 the  post  office  address  to which the secretary of state shall mail a
 copy of any process against the limited partnership  served  on  him  OR
 HER, A CHANGE IN THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL
 EMAIL  A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED PARTNERSHIP
 HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER, or a change in the  name
 or  address  of  the registered agent, if such change is made other than
 pursuant to section 121-104 or 121-105 of this article.
   § 44. The opening paragraph of subdivision (a) and subdivision (b)  of
 section 121-202-A of the partnership law, as added by chapter 448 of the
 laws of 1998, are amended to read as follows:
   A certificate of limited partnership may be changed by filing with the
 department  of  state  a  certificate of change entitled "Certificate of
 Change of ..... (name of limited partnership) under Section 121-202-A of
 the Revised Limited Partnership Act" and shall be signed  and  delivered
 to  the  department of state. A certificate of change may (i) specify or
 change the location of the limited partnership's office; (ii) specify or

 S. 2508--A                         43                         A. 3008--A
 
 change the post office address to which the  secretary  of  state  shall
 mail  a copy of process against the limited partnership served upon him;
 [and] (iii) SPECIFY, CHANGE OR DELETE THE EMAIL  ADDRESS  TO  WHICH  THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE  LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
 AND (IV) make, revoke or change the designation of a  registered  agent,
 or  to  specify  or change the address of its registered agent. It shall
 set forth:
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 a limited partnership served upon him or   HER,  THE  EMAIL  ADDRESS  TO
 WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC-
 ESS  AGAINST  IT  HAS  BEEN  ELECTRONICALLY SERVED UPON THE SECRETARY OF
 STATE, AND/OR the address of the registered agent, provided such address
 being changed is the address of a  person,  partnership  or  corporation
 whose  address, as agent, is the address to be changed, AND/OR THE EMAIL
 ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON,  PARTNERSHIP  OR
 OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO
 BE  CHANGED,  or  who  has  been designated as registered agent for such
 limited partnership shall be signed and delivered to the  department  of
 state  by  such  agent.  The  certificate  of change shall set forth the
 statements required under subdivision (a) of this section; that a notice
 of the proposed change was mailed to the domestic limited partnership by
 the party signing the certificate not less than thirty days prior to the
 date of delivery to the department  of  state  and  that  such  domestic
 limited partnership has not objected thereto; and that the party signing
 the  certificate  is  the  agent  of  such  limited partnership to whose
 address the secretary of state is required to  mail  copies  of  process
 [or],  AND/OR THE AGENT TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS
 REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS  BEEN
 ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered
 agent,  if  such  be  the case. A certificate signed and delivered under
 this subdivision shall not be deemed to effect a change of  location  of
 the  office  of the limited partnership in whose behalf such certificate
 is filed.
   § 45. Paragraph 4 of subdivision (a) of section 121-902 of  the  part-
 nership  law,  as amended by chapter 172 of the laws of 1999, is amended
 to read as follows:
   (4) a designation of the secretary of state as  its  agent  upon  whom
 process  against  it may be served and the post office address within or
 without this state to which the secretary of state shall mail a copy  of
 any  process against it served upon him  OR HER. THE LIMITED PARTNERSHIP
 MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL
 A NOTICE OF THE FACT THAT PROCESS AGAINST  IT  HAS  BEEN  ELECTRONICALLY
 SERVED UPON HIM OR HER;
   §  46. The opening paragraph of subdivision (a) and subdivision (b) of
 section 121-903-A of the partnership law, as added by chapter 448 of the
 laws of 1998, are amended to read as follows:
   A foreign limited partnership may change its application for authority
 by filing with the department of state a certificate of change  entitled
 "Certificate  of  Change of ........ (name of limited partnership) under
 Section 121-903-A of the Revised Limited Partnership Act" and  shall  be
 signed and delivered to the department of state. A certificate of change
 may  (i)  change  the location of the limited partnership's office; (ii)
 change the post office address to which the  secretary  of  state  shall
 mail  a copy of process against the limited partnership served upon him;

 S. 2508--A                         44                         A. 3008--A
 
 [and] (iii)  SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS  TO  WHICH  THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE  LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
 AND  (IV)  make, revoke or change the designation of a registered agent,
 or to specify or change the address of its registered  agent.  It  shall
 set forth:
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 a  foreign  limited partnership served upon him or HER, AND/OR THE EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON  THE  SECRE-
 TARY OF STATE, AND/OR the address of the registered agent, provided such
 address  being changed is the address of a person, partnership or corpo-
 ration whose address, as agent, is the address to be changed, AND/OR THE
 EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A  PERSON,  PARTNER-
 SHIP  OR  OTHER  CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL
 ADDRESS TO BE CHANGED, or who has been designated  as  registered  agent
 for  such  foreign  limited partnership shall be signed and delivered to
 the department of state by such agent. The certificate of  change  shall
 set forth the statements required under subdivision (a) of this section;
 that  a  notice of the proposed change was mailed to the foreign limited
 partnership by the party signing the certificate not  less  than  thirty
 days  prior  to the date of delivery to the department of state and that
 such foreign limited partnership has not objected thereto; and that  the
 party signing the certificate is the agent of such foreign limited part-
 nership  to  whose  address  the  secretary of state is required to mail
 copies of process [or], THE EMAIL ADDRESS OF THE PARTY  TO  WHOSE  EMAIL
 ADDRESS  THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON  THE  SECRE-
 TARY  OF  STATE  AND/OR  the  registered  agent,  if such be the case. A
 certificate signed and delivered under this  subdivision  shall  not  be
 deemed to effect a change of location of the office of the limited part-
 nership in whose behalf such certificate is filed.
   §  47.  Paragraph 6 of subdivision (b) of section 121-905 of the part-
 nership law, as added by chapter 950 of the laws of 1990, is amended  to
 read as follows:
   (6)  a  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process  against  it  served
 upon him OR HER. THE LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO
 WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC-
 ESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  48.  Section  121-906 of the partnership law, as amended by chapter
 172 of the laws of 1999, is amended to read as follows:
   § 121-906. Termination of existence. When a foreign  limited  partner-
 ship  which  has received a certificate of authority is dissolved or its
 authority to conduct its business or existence is  otherwise  terminated
 or  cancelled  in  the  jurisdiction  of  its  organization or when such
 foreign limited partnership is merged into or consolidated with  another
 foreign  limited  partnership,  (i)  a  certificate  of the secretary of
 state, or official performing the  equivalent  function  as  to  limited
 partnership records, in the jurisdiction of organization of such limited
 partnership  attesting  to  the  occurrence of any such event, or (ii) a
 certified copy of an order or decree of a  court  of  such  jurisdiction
 directing  the  dissolution  of  such  foreign  limited partnership, the
 termination of its existence or the surrender of its authority, shall be
 delivered to the department of state. The  filing  of  the  certificate,

 S. 2508--A                         45                         A. 3008--A
 
 order  or  decree  shall have the same effect as the filing of a certif-
 icate of surrender of authority under section 121-905 of  this  article.
 The  secretary  of  state shall continue as agent of the foreign limited
 partnership upon whom process against it may be served in the manner set
 forth  in  section  121-109 of this article, in any action or proceeding
 based upon any liability or obligation incurred by the  foreign  limited
 partnership  within  this state prior to the filing of such certificate,
 order or decree. The post office address AND/OR  EMAIL  ADDRESS  may  be
 changed  by  filing with the department of state a certificate of amend-
 ment under section 121-903 or a  certificate  of  change  under  section
 121-903-A of this article.
   §  49. Paragraph 7 of subdivision (a) of section 121-1103 of the part-
 nership law, as added by chapter 950 of the laws of 1990, is amended  to
 read as follows:
   (7)  A  designation  of  the secretary of state as its agent upon whom
 process against it may be served in the  manner  set  forth  in  section
 121-109  of this article in any action or special proceeding, and a post
 office address, within or without this state, to which the secretary  of
 state  shall  mail  a  copy  of  any process served upon him OR HER. THE
 LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE  SECRETARY
 OF  STATE  SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS
 BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Such post office address  OR
 EMAIL  ADDRESS  shall  supersede  any  prior  address  designated as the
 address to which process shall be mailed OR A NOTICE EMAILED.
   § 50. Subparagraph 4 of paragraph (I) of subdivision (a) and  subdivi-
 sion  (j-1) of section 121-1500 of the partnership law, paragraph (I) of
 subdivision (a) as amended by chapter 643 of the laws  of  1995  and  as
 redesignated by chapter 767 of the laws of 2005 and subdivision (j-1) as
 added  by  chapter  448  of  the  laws  of  1998, are amended to read as
 follows:
   (4) a designation of the secretary of state as agent of  the  partner-
 ship without limited partners upon whom process against it may be served
 and  the  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process against it or served
 upon it. THE PARTNERSHIP WITHOUT LIMITED PARTNERS MAY INCLUDE  AN  EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
   (j-1)  A  certificate  of  change  which  changes only the post office
 address to which the secretary of state shall mail a copy of any process
 against a registered limited liability partnership served  upon  him  or
 HER,  AND/OR  THE  EMAIL  ADDRESS  TO WHICH THE SECRETARY OF STATE SHALL
 EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT  HAS  BEEN  ELECTRON-
 ICALLY  SERVED  UPON  THE  SECRETARY OF STATE, AND/OR the address of the
 registered agent, provided such address being changed is the address  of
 a  person,  partnership  or  corporation whose address, as agent, is the
 address to be changed [or], AND/OR THE EMAIL ADDRESS  BEING  CHANGED  IS
 THE  EMAIL  ADDRESS  OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE
 EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, AND/OR  who
 has  been  designated  as  registered  agent for such registered limited
 liability partnership shall be signed and delivered to the department of
 state by such agent. The certificate of change shall set forth: (i)  the
 name of the registered limited liability partnership and, if it has been
 changed,  the  name under which it was originally filed with the depart-
 ment of state; (ii) the date of filing of its  initial  registration  or
 notice statement; (iii) each change effected thereby; (iv) that a notice
 of  the  proposed change was mailed to the limited liability partnership

 S. 2508--A                         46                         A. 3008--A
 
 by the party signing the certificate not less than thirty days prior  to
 the  date  of  delivery to the department of state and that such limited
 liability partnership has not objected thereto; and (v) that  the  party
 signing  the certificate is the agent of such limited liability partner-
 ship to whose address the secretary of state is required to mail  copies
 of process [or], AND/OR TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS
 REQUIRED  TO  MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN
 ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered
 agent, if such be the case. A certificate  signed  and  delivered  under
 this  subdivision  shall not be deemed to effect a change of location of
 the office of the limited liability partnership  in  whose  behalf  such
 certificate  is filed. The certificate of change shall be accompanied by
 a fee of five dollars.
   § 51. Paragraph (v)  of  subdivision  (a)  and  subdivision  (i-1)  of
 section  121-1502  of  the partnership law, paragraph (v) of subdivision
 (a) as amended by chapter 470 of the laws of 1997 and subdivision  (i-1)
 as  added  by  chapter  448  of the laws of 1998, are amended to read as
 follows:
   (v) a designation of the secretary of state as agent  of  the  foreign
 limited liability partnership upon whom process against it may be served
 and  the  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process against it or served
 upon it. THE FOREIGN LIMITED LIABILITY PARTNERSHIP MAY INCLUDE AN  EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
   (i-1)  A  certificate  of  change  which  changes only the post office
 address to which the secretary of state shall mail a copy of any process
 against a New York  registered  foreign  limited  liability  partnership
 served  upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY
 OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS  AGAINST  IT  HAS
 BEEN  ELECTRONICALLY  SERVED  UPON  THE  SECRETARY  OF STATE, AND/OR the
 address of the registered agent, provided such address being changed  is
 the  address  of  a person, partnership or corporation whose address, as
 agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING
 CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP  OR  OTHER  CORPO-
 RATION  WHOSE  EMAIL  ADDRESS,  AS  AGENT,  IS  THE  EMAIL ADDRESS TO BE
 CHANGED, AND/OR who has been designated  as  registered  agent  of  such
 registered  foreign  limited  liability  partnership shall be signed and
 delivered to the department of state by such agent. The  certificate  of
 change  shall set forth: (i) the name of the New York registered foreign
 limited liability partnership; (ii) the date of filing  of  its  initial
 registration  or  notice  statement; (iii) each change effected thereby;
 (iv) that a notice of the proposed change  was  mailed  to  the  limited
 liability partnership by the party signing the certificate not less than
 thirty days prior to the date of delivery to the department of state and
 that  such  limited  liability partnership has not objected thereto; and
 (v) that the party signing the certificate is the agent of such  limited
 liability  partnership  to  whose  address  the  secretary  of  state is
 required to mail copies of process [or], AND/OR TO WHOSE  EMAIL  ADDRESS
 THE  SECRETARY  OF  STATE  IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT
 PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY  OF
 STATE,  AND/OR  the registered agent, if such be the case. A certificate
 signed and delivered under this  subdivision  shall  not  be  deemed  to
 effect a change of location of the office of the limited liability part-
 nership  in  whose  behalf such certificate is filed. The certificate of
 change shall be accompanied by a fee of five dollars.

 S. 2508--A                         47                         A. 3008--A
 
   § 52. Subdivision (a) of section 121-1505 of the partnership  law,  as
 added by chapter 470 of the laws of 1997, is amended to read as follows:
   (a)  Service of process on the secretary of state as agent of a regis-
 tered limited liability  partnership  OR  NEW  YORK  REGISTERED  FOREIGN
 LIMITED  LIABILITY  PARTNERSHIP  under  this  article  shall be made [by
 personally] IN THE MANNER PROVIDED BY  PARAGRAPH  ONE  OR  TWO  OF  THIS
 SUBDIVISION. (1) PERSONALLY delivering to and leaving with the secretary
 of  state or a deputy, or with any person authorized by the secretary of
 state to receive such service, at the office of the department of  state
 in  the  city  of Albany, duplicate copies of such process together with
 the statutory fee, which fee shall be a taxable disbursement. Service of
 process on  such  registered  limited  liability  partnership  shall  be
 complete  when  the  secretary  of  state is so served. The secretary of
 state shall promptly send one of such copies by certified  mail,  return
 receipt  requested, to such registered limited liability partnership, at
 the post office address on file in the department of state specified for
 such purpose. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE
 DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL  BE
 A  TAXABLE  DISBURSEMENT,  THROUGH  AN ELECTRONIC SYSTEM OPERATED BY THE
 DEPARTMENT OF STATE, PROVIDED THE REGISTERED LIMITED LIABILITY  PARTNER-
 SHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP HAS AN
 EMAIL  ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY
 OF STATE SHALL EMAIL A NOTICE OF THE  FACT  THAT  PROCESS  AGAINST  SUCH
 REGISTERED  LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN
 LIMITED LIABILITY PARTNERSHIP SERVED HAS BEEN ELECTRONICALLY  SERVED  ON
 THE  SECRETARY  OF  STATE. SERVICE OF PROCESS ON SUCH REGISTERED LIMITED
 LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN  LIMITED  LIABILITY
 PARTNERSHIP  SHALL  BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED
 AND ACCEPTED SERVICE OF SUCH  PROCESS.  THE  SECRETARY  OF  STATE  SHALL
 PROMPTLY  SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH REGISTERED
 LIMITED LIABILITY PARTNERSHIP OR NEW  YORK  REGISTERED  FOREIGN  LIMITED
 LIABILITY PARTNERSHIP HAS BEEN SERVED ELECTRONICALLY UPON HIM OR HER, TO
 SUCH  REGISTERED  LIMITED  LIABILITY  PARTNERSHIP OR NEW YORK REGISTERED
 FOREIGN LIMITED LIABILITY PARTNERSHIP AT THE EMAIL ADDRESS  ON  FILE  IN
 THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY
 OF  THE  PROCESS AVAILABLE TO SUCH REGISTERED LIMITED LIABILITY PARTNER-
 SHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP.
   § 53. Subdivision 7 of section 339-n of  the  real  property  law,  as
 amended  by  chapter  346  of  the  laws  of 1997, is amended to read as
 follows:
   7. A designation of the secretary of state as agent of the corporation
 or board of managers upon whom process against it may be served AND  THE
 POST  OFFICE ADDRESS WITHIN OR WITHOUT THIS STATE TO WHICH THE SECRETARY
 OF STATE SHALL MAIL A COPY OF ANY PROCESS AGAINST IT SERVED UPON HIM  OR
 HER. THE DESIGNATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY
 OF  STATE  SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS
 BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Service of  process  on  the
 secretary  of  state  as  agent of such corporation or board of managers
 shall be made [personally] IN THE MANNER PROVIDED BY  PARAGRAPH  (A)  OR
 (B)  OF  THIS SUBDIVISION. (A) PERSONALLY delivering to and leaving with
 him or her or his or her deputy, or with any person  authorized  by  the
 secretary of state to receive such service, at the office of the depart-
 ment  of  state  in the city of Albany, duplicate copies of such process
 together with the statutory fee, which shall be a taxable  disbursement.
 Service  of  process  on  such corporation or board of managers shall be
 complete when the secretary of state is  so  served.  The  secretary  of

 S. 2508--A                         48                         A. 3008--A
 
 state  shall  promptly send one of such copies by certified mail, return
 receipt requested, to such corporation or board of managers, at the post
 office address, on file in the department of state, specified  for  such
 purpose.  (B)  ELECTRONICALLY  SUBMITTING  A  COPY OF THE PROCESS TO THE
 DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL  BE
 A  TAXABLE  DISBURSEMENT,  THROUGH  AN ELECTRONIC SYSTEM OPERATED BY THE
 DEPARTMENT OF STATE, PROVIDED THE CORPORATION OR BOARD OF  MANAGERS  HAS
 AN  EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRE-
 TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST  THE
 CORPORATION  OR  BOARD OF MANAGERS HAS BEEN SERVED ELECTRONICALLY ON THE
 SECRETARY OF STATE.  SERVICE OF PROCESS ON SUCH CORPORATION OR BOARD  OF
 MANAGERS  SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND
 ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL  PROMPTLY
 SEND  NOTICE  OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON
 THE SECRETARY OF STATE TO SUCH CORPORATION OR BOARD OF MANAGERS  AT  THE
 EMAIL  ADDRESS  ON  FILE  IN  THE DEPARTMENT OF STATE, SPECIFIED FOR THE
 PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE  TO  SUCH  CORPO-
 RATION  OR  BOARD  OF MANAGERS. Nothing in this subdivision shall affect
 the right to serve process in any other manner permitted by  law.    The
 corporation  or  board of managers shall also file with the secretary of
 state the name and post office address within or without this  state  to
 which the secretary of state shall mail a copy of any process against it
 served upon the secretary of state and shall update the filing as neces-
 sary.
   § 54. This act shall take effect January 1, 2023.
 
                                  PART P
 
   Section  1. The executive law is amended by adding a new section 142-b
 to read as follows:
   § 142-B. REMOTE NOTARIZATION. 1. DEFINITIONS. AS USED IN THIS SECTION,
 THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS:
   (A) "AUDIO-VIDEO COMMUNICATION" MEANS BEING ABLE  TO  SEE,  HEAR,  AND
 COMMUNICATE WITH ANOTHER INDIVIDUAL IN REAL TIME USING ELECTRONIC MEANS.
   (B)  "CREDENTIAL"  MEANS  A  GOVERNMENT-ISSUED IDENTIFICATION DOCUMENT
 THAT  INCLUDES  THE  PRINCIPAL'S  PHOTOGRAPH,  SIGNATURE,  AND  MULTIPLE
 CREDENTIAL  SECURITY  FEATURES  SUCH  AS: A HOLOGRAPHIC IMAGE, RAISED OR
 TEXTURED PRINT, MICROPRINTING, LASER ENGRAVING,  OPTICAL  VARIABLE  INK,
 LONG  LIFE  MULTI-LAYER  PET (POLYETHYLENE TEREPHTHALATE)/PVC (POLYVINYL
 CHLORIDE) CREDENTIAL BODY CONSTRUCTION, THE ISSUING  AGENCY'S  SEAL,  OR
 THE  CREDENTIAL  HOLDER'S  PHYSICAL CHARACTERISTICS (SUCH AS HEIGHT, EYE
 COLOR, HAIR COLOR).
   (C) "CREDENTIAL ANALYSIS" MEANS A PROCESS OR SERVICE  WHICH  AUTHENTI-
 CATES  A CREDENTIAL THROUGH REVIEW OF PUBLIC AND PROPRIETARY DATA SOURC-
 ES, AND COMPLIES WITH THE FOLLOWING CRITERIA:
   (I) USES AUTOMATED SOFTWARE PROCESSES TO  AID  THE  NOTARY  PUBLIC  IN
 VERIFYING THE IDENTITY OF A REMOTELY LOCATED INDIVIDUAL;
   (II) ENSURES THAT THE CREDENTIAL PASSES AN AUTHENTICITY TEST, CONSIST-
 ENT WITH SOUND COMMERCIAL PRACTICES THAT:
   (1)  USES APPROPRIATE TECHNOLOGIES TO CONFIRM THE INTEGRITY OF VISUAL,
 PHYSICAL, OR CRYPTOGRAPHIC SECURITY FEATURES;
   (2) USES APPROPRIATE TECHNOLOGIES TO CONFIRM THAT  THE  IDENTIFICATION
 CREDENTIAL IS NOT FRAUDULENT OR INAPPROPRIATELY MODIFIED;
   (3)  USES  INFORMATION  HELD  OR PUBLISHED BY THE ISSUING SOURCE OR AN
 AUTHORITATIVE SOURCE, AS AVAILABLE, TO CONFIRM THE VALIDITY OF  PERSONAL
 DETAILS AND IDENTIFICATION CREDENTIAL DETAILS; AND

 S. 2508--A                         49                         A. 3008--A
 
   (III) PROVIDES OUTPUT OF THE CREDENTIAL ANALYSIS TO THE NOTARY PUBLIC;
 AND
   (IV)  ENABLES THE NOTARY PUBLIC TO VISUALLY COMPARE THE CREDENTIAL AND
 THE REMOTELY LOCATED INDIVIDUAL AS VIEWED BY THE NOTARY PUBLIC  IN  REAL
 TIME THROUGH AUDIO-VIDEO COMMUNICATION.
   (D)  "ELECTRONIC"  SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION
 THREE HUNDRED TWO OF THE STATE TECHNOLOGY LAW.
   (E) "ELECTRONIC RECORD" MEANS INFORMATION EVIDENCING ANY  ACT,  TRANS-
 ACTION, OCCURRENCE, EVENT OR OTHER ACTIVITY, PRODUCED OR STORED BY ELEC-
 TRONIC MEANS AND CAPABLE OF BEING ACCURATELY REPRODUCED IN FORMS PERCEP-
 TIBLE BY HUMAN SENSORY CAPABILITIES.
   (F) "ELECTRONIC SIGNATURE" MEANS AN ELECTRONIC SOUND, SYMBOL, OR PROC-
 ESS,  ATTACHED  TO OR LOGICALLY ASSOCIATED WITH AN ELECTRONIC RECORD AND
 EXECUTED OR ADOPTED BY A PERSON WITH THE INTENT TO SIGN THE RECORD.
   (G) "IDENTITY PROOFING" MEANS A KNOWLEDGE-BASED AUTHENTICATION PROCESS
 THROUGH WHICH A THIRD PARTY CONFIRMS THE IDENTITY OF A PRINCIPAL THROUGH
 REVIEW OF PERSONAL INFORMATION FROM PUBLIC AND PROPRIETARY DATA  SOURCES
 AS MAY BE FURTHER DEFINED BY REGULATION.
   (H)  "NOTARIAL  ACT"  MEANS  THE  PERFORMANCE  OF AN ACT AUTHORIZED BY
 SECTION ONE HUNDRED THIRTY-FIVE OF THIS CHAPTER.
   (I) "PRINCIPAL" MEANS AN INDIVIDUAL:
   (I) WHOSE SIGNATURE IS REFLECTED ON A DOCUMENT THAT IS NOTARIZED;
   (II) WHO HAS TAKEN AN OATH OR AFFIRMATION  ADMINISTERED  BY  A  NOTARY
 PUBLIC; OR
   (III)  WHOSE  SIGNATURE  IS  REFLECTED ON A DOCUMENT THAT IS NOTARIZED
 AFTER THE INDIVIDUAL HAS TAKEN AN OATH OR AFFIRMATION ADMINISTERED BY  A
 NOTARY PUBLIC.
   (J)  "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A TANGIBLE MEDIUM
 OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN
 PERCEIVABLE FORM.
   (K) "REMOTE NOTARIZATION" MEANS THE ACT OF PERFORMING ANY NOTARIAL ACT
 THAT IS AUTHORIZED UNDER SECTION ONE HUNDRED THIRTY-FIVE OF THIS CHAPTER
 WHERE A PRINCIPAL WHO IS NOT IN THE  PHYSICAL  PRESENCE  OF  THE  NOTARY
 PUBLIC OBTAINS A NOTARIAL ACT UNDER SUBDIVISION TWO OF THIS SECTION.
   (L)  "REMOTE PRESENTATION" MEANS DISPLAY OF A CREDENTIAL TO THE NOTARY
 PUBLIC THROUGH AUDIO-VIDEO COMMUNICATION IN A  MANNER  THAT  ALLOWS  THE
 NOTARY  PUBLIC  TO  COMPARE THE PRINCIPAL TO THE CREDENTIAL FACIAL IMAGE
 AND TO EXAMINE THE FRONT AND BACK OF ANY CREDENTIAL.
   (M) "WET SIGNATURE" MEANS A SIGNATURE AFFIXED  IN  INK  OR  PENCIL  OR
 OTHER MATERIAL TO A PAPER DOCUMENT.
   2. ANY NOTARY PUBLIC QUALIFIED UNDER THIS ARTICLE IS HEREBY AUTHORIZED
 TO  PERFORM  A  REMOTE  NOTARIZATION BY UTILIZING AUDIO-VIDEO TECHNOLOGY
 THAT ALLOWS THE NOTARY PUBLIC TO INTERACT  WITH  A  PRINCIPAL,  PROVIDED
 THAT ALL CONDITIONS OF THIS SUBDIVISION ARE MET.
   (A)  THE  NOTARY PUBLIC MUST VERIFY THE IDENTITY OF THE PRINCIPAL IN A
 MANNER CONSISTENT WITH THE REQUIREMENTS OF  SUBDIVISION  THREE  OF  THIS
 SECTION. A NOTARY PUBLIC MAY REQUIRE AN INDIVIDUAL TO PROVIDE ADDITIONAL
 INFORMATION OR IDENTIFICATION CREDENTIALS NECESSARY TO ASSURE THE NOTARY
 PUBLIC OF THE IDENTITY OF THE PRINCIPAL.
   (B) THE AUDIO-VIDEO CONFERENCE MUST ALLOW FOR REAL-TIME, DIRECT INTER-
 ACTION BETWEEN THE PRINCIPAL AND THE NOTARY PUBLIC.
   (C)  THE  COMMUNICATION  TECHNOLOGY  MUST  PROVIDE REASONABLE SECURITY
 MEASURES TO PREVENT UNAUTHORIZED ACCESS TO THE AUDIO-VIDEO COMMUNICATION
 AND TO THE METHODS USED TO VERIFY THE IDENTITY OF THE PRINCIPAL.
   (D) A RECORDING, CONTAINING BOTH AUDIO AND VIDEO, OF THE REMOTE NOTAR-
 IZATION MUST BE RETAINED BY THE NOTARY PUBLIC FOR AT LEAST TEN YEARS.

 S. 2508--A                         50                         A. 3008--A
 
   (E) THE NOTARY PUBLIC MUST TAKE REASONABLE  STEPS  TO  ENSURE  THAT  A
 BACKUP OF THE RECORDING OF THE REMOTE NOTARIZATION EXISTS AND IS SECURED
 FROM  UNAUTHORIZED  USE.  A NOTARY PUBLIC MAY AUTHORIZE A THIRD PARTY TO
 RETAIN SUCH RECORDINGS ON  BEHALF  OF  THE  NOTARY,  PROVIDED  THAT  ALL
 RECORDINGS  RETAINED BY A THIRD PARTY BE MADE AVAILABLE TO THE SECRETARY
 UPON REQUEST.
   (F) IF A NOTARIAL ACT IS PERFORMED UNDER  THIS  SECTION,  THE  CERTIF-
 ICATES OF AN ACKNOWLEDGMENT MUST CONFORM SUBSTANTIALLY WITH THE LANGUAGE
 IN  THIS PARAGRAPH THAT CORRESPONDS TO THE TYPE OF TRANSACTION AT ISSUE,
 THE BLANKS BEING PROPERLY FILLED.
   (1) FOR A REMOTE NOTARIZATION WHEN THE PRINCIPAL  IS  LOCATED  OUTSIDE
 THE STATE OF NEW YORK:
   STATE OF NEW YORK }SS.:
   COUNTY OF ........}
   ON  THE  ..........  DAY OF ........ IN THE YEAR .....  BEFORE ME, THE
 UNDERSIGNED,  APPEARED  THROUGH  USE  OF  AUDIO   AND   VIDEO   COMMUNI-
 CATION........,  PERSONALLY  KNOWN TO ME OR PROVED TO ME ON THE BASIS OF
 SATISFACTORY EVIDENCE TO BE THE INDIVIDUAL(S)  WHOSE  NAME(S)  IS  (ARE)
 SUBSCRIBED TO THE WITHIN INSTRUMENT, ACKNOWLEDGED TO ME THAT HE/SHE/THEY
 EXECUTED   THE   SAME   IN  HIS/HER/THEIR  CAPACITY(IES),  AND  THAT  BY
 HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT, THE INDIVIDUAL(S), OR  THE
 PERSON  UPON  BEHALF  OF  WHICH  THE  INDIVIDUAL(S)  ACTED, EXECUTED THE
 INSTRUMENT, AND WHO DECLARED THAT (PRONOUN) (IS) (ARE)  LOCATED  IN  ...
 (JURISDICTION  AND  LOCATION  NAME)  AND THAT THIS RECORD IS TO BE FILED
 WITH OR RELATES TO A MATTER BEFORE A COURT, GOVERNMENTAL ENTITY,  PUBLIC
 OFFICIAL, OR OTHER ENTITY LOCATED IN THE TERRITORIAL JURISDICTION OF THE
 UNITED STATES, OR INVOLVES PROPERTY LOCATED IN THE TERRITORIAL JURISDIC-
 TION  OF,  OR  A  TRANSACTION  SUBSTANTIALLY  CONNECTED WITH, THE UNITED
 STATES. (SIGNATURE AND OFFICE OF INDIVIDUAL TAKING ACKNOWLEDGEMENT.)
   (2) FOR A REMOTE NOTARIZATION WHEN THE PRINCIPAL IS LOCATED WITHIN THE
 STATE OF NEW YORK:
   STATE OF NEW YORK }SS.:
   COUNTY OF ........}
   ON THE .......... DAY OF .....   IN THE  YEAR  .....  BEFORE  ME,  THE
 UNDERSIGNED,   APPEARED   THROUGH   USE  OF  AUDIO  AND  VIDEO  COMMUNI-
 CATION........, PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE  BASIS  OF
 SATISFACTORY  EVIDENCE  TO  BE  THE INDIVIDUAL(S) WHOSE NAME(S) IS (ARE)
 SUBSCRIBED  TO  THE  WITHIN  INSTRUMENT  AND  ACKNOWLEDGED  TO  ME  THAT
 HE/SHE/THEY  EXECUTED  THE SAME IN HIS/HER/THEIR CAPACITY(IES), AND THAT
 BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT, THE  INDIVIDUAL(S),  OR
 THE  PERSON  UPON  BEHALF OF WHICH THE INDIVIDUAL(S) ACTED, EXECUTED THE
 INSTRUMENT. (SIGNATURE AND OFFICE OF INDIVIDUAL TAKING ACKNOWLEDGEMENT.)
   (G) FOR RECEIPT AND CERTIFICATION OF INSTRUMENTS, THE  PRINCIPAL  MUST
 TRANSMIT  BY FAX OR ELECTRONIC MEANS A LEGIBLE COPY OF THE SIGNED SIGNA-
 TURE PAGE DIRECTLY TO THE NOTARY PUBLIC ON THE SAME DATE IT  WAS  SIGNED
 BEFORE THE NOTARY PUBLIC AFFIXES THEIR WET SIGNATURE.
   (H) THE NOTARY PUBLIC MUST BE PHYSICALLY SITUATED IN NEW YORK STATE AT
 THE TIME OF THE REMOTE NOTARIZATION.
   (I) THE NOTARY PUBLIC MUST MAINTAIN A JOURNAL OF EACH REMOTE NOTARIZA-
 TION  PERFORMED  PURSUANT  TO  THIS SECTION, WHICH UPON DEMAND, SHALL BE
 SUBJECT TO INSPECTION BY THE SECRETARY OF STATE. THE JOURNAL REQUIRED BY
 THIS SUBDIVISION SHALL BE MAINTAINED BY EACH NOTARY PUBLIC FOR  AS  LONG
 AS  SUCH NOTARY PUBLIC REMAINS IN OFFICE AND THEN FOR AN ADDITIONAL FIVE
 YEARS THEREAFTER. EACH JOURNAL ENTRY SHALL:
   (1) BE MADE CONTEMPORANEOUSLY WITH THE  PERFORMANCE  OF  THE  NOTARIAL
 ACT;

 S. 2508--A                         51                         A. 3008--A
 
   (2) INDICATE THE DATE AND APPROXIMATE TIME OF THE NOTARIAL ACT;
   (3) INDICATE THE NAME OF THE PRINCIPAL;
   (4) INDICATE THE TECHNOLOGY USED TO PERFORM THE REMOTE PRESENTATION;
   (5) INDICATE THE NUMBER AND TYPE OF NOTARIAL SERVICES PROVIDED; AND
   (6) INDICATE THE TYPE OF CREDENTIAL USED TO IDENTIFY THE PRINCIPAL.
   3.  THE NOTARY PUBLIC MUST BE ABLE TO VERIFY THE IDENTITY OF THE PRIN-
 CIPAL AT THE TIME THE NOTARIAL ACT IS PROVIDED BY ONE OF  THE  FOLLOWING
 METHODS:
   (A) THE NOTARY PUBLIC'S PERSONAL KNOWLEDGE OF THE PRINCIPAL; OR
   (B)  IDENTIFICATION  OF  THE PRINCIPAL WHO APPEARS REMOTELY BEFORE THE
 NOTARY BY MEANS OF AUDIO-VIDEO COMMUNICATION BY EACH OF THE FOLLOWING:
   (I) REMOTE PRESENTATION BY THE PRINCIPAL OF A CREDENTIAL;
   (II) CREDENTIAL ANALYSIS; AND
   (III) IDENTITY PROOFING OF THE PRINCIPAL; OR
   (C) OATH OR AFFIRMATION OF A CREDIBLE WITNESS WHO PERSONALLY KNOWS THE
 PRINCIPAL AND WHO IS EITHER PERSONALLY KNOWN TO THE NOTARY PUBLIC OR WHO
 IS IDENTIFIED BY THE NOTARY PUBLIC UNDER PARAGRAPH (B) OF THIS  SUBDIVI-
 SION.
   4.  THE NOTARY PUBLIC MAY NOTARIZE THE ELECTRONICALLY TRANSMITTED COPY
 OF THE DOCUMENT AND TRANSMIT THE DOCUMENT BACK TO THE PRINCIPAL BY MAIL,
 OR BY FAX OR SECURE ELECTRONIC MEANS. IF THE NOTARIZED DOCUMENT IS TRAN-
 SMITTED TO THE PRINCIPAL BY FAX OR SECURE ELECTRONIC MEANS,  THE  NOTARY
 PUBLIC  SHALL PROMPTLY DESTROY THE ORIGINAL AFTER RECEIVING CONFIRMATION
 OF THE TRANSMISSION. AN ELECTRONICALLY  TRANSMITTED  DOCUMENT  NOTARIZED
 PURSUANT  TO  THIS SECTION SHALL BE CONSIDERED AN ORIGINAL DOCUMENT. THE
 NOTARY PUBLIC MAY REPEAT THE NOTARIZATION OF THE ORIGINAL  SIGNED  DOCU-
 MENT  AS  OF  THE  DATE OF EXECUTION PROVIDED THE NOTARY PUBLIC RECEIVES
 SUCH ORIGINAL SIGNED DOCUMENT TOGETHER WITH THE ELECTRONICALLY NOTARIZED
 COPY WITHIN THIRTY DAYS AFTER THE DATE OF EXECUTION.
   5. NOTWITHSTANDING ARTICLE 9 OF THE REAL PROPERTY LAW OR ANY OTHER LAW
 OR REGULATION TO THE CONTRARY, ANY ACT PERFORMED IN CONFORMITY WITH THIS
 SECTION SHALL BE A PERMISSIVE  ALTERNATIVE  TO  A  PERSONAL  APPEARANCE,
 UNLESS  A  LAW EXPRESSLY EXCLUDES THE AUTHORIZATION PROVIDED FOR IN THIS
 SECTION.
   6. ANY PERSON WHO SUFFERS ACTUAL DAMAGES AS A RESULT  OF  A  PRINCIPAL
 WHO  VIOLATES  ANY OF THE PROVISIONS OF THIS SECTION, SHALL HAVE A CIVIL
 CAUSE OF ACTION AGAINST ANY SUCH  PRINCIPAL  IN  A  COURT  OF  COMPETENT
 JURISDICTION.
   7.  THE  SECRETARY  OF  STATE  MAY PROMULGATE REGULATIONS ESTABLISHING
 MINIMUM STANDARDS THAT RELATE TO REASONABLE SECURITY MEASURES TO PREVENT
 UNAUTHORIZED ACCESS TO AUDIO-VIDEO COMMUNICATION AND TO THE METHODS USED
 TO VERIFY THE IDENTITY OF THE PRINCIPAL, AND ANY OTHER MATTERS NECESSARY
 TO ADMINISTER THE PROVISIONS OF THIS SECTION.
   8. PURSUANT TO SECTION ONE HUNDRED THIRTY OF THIS ARTICLE, THE  SECRE-
 TARY  OF  STATE MAY SUSPEND OR REMOVE FROM OFFICE ANY NOTARY PUBLIC THAT
 VIOLATES THIS SECTION.
   9. NOTARIAL SIGNATURE.
   (A) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PERMITTING A  NOTARY
 PUBLIC  TO USE AN ELECTRONIC SIGNATURE TO PERFORM A REMOTE NOTARIZATION.
 EACH REMOTE NOTARIZATION SHALL BE COMPLETED BY WET SIGNATURE.
   (B) A COUNTY CLERK MAY CERTIFY PURSUANT TO SECTION ONE  HUNDRED  THIR-
 TY-THREE  OF  THIS ARTICLE THE AUTOGRAPH SIGNATURE OF A NOTARY PUBLIC ON
 ANY DOCUMENT THAT HAS BEEN REMOTELY NOTARIZED IN  COMPLIANCE  WITH  THIS
 SECTION.

 S. 2508--A                         52                         A. 3008--A
 
   10. FEES. NOTWITHSTANDING SECTION ONE HUNDRED THIRTY-SIX OF THIS ARTI-
 CLE,  A  NOTARY  PUBLIC  THAT PERFORMS A REMOTE NOTARIZATION PURSUANT TO
 THIS SECTION SHALL BE ENTITLED TO THE FOLLOWING FEES:
   (A)  FOR ADMINISTERING AN OATH OR AFFIRMATION, AND CERTIFYING THE SAME
 WHEN REQUIRED, EXCEPT WHERE ANOTHER FEE IS  SPECIFICALLY  PRESCRIBED  BY
 STATUTE, FIVE DOLLARS.
   (B) FOR TAKING AND CERTIFYING THE ACKNOWLEDGMENT OR PROOF OF EXECUTION
 OF  A WRITTEN INSTRUMENT, BY ONE PERSON, FIVE DOLLARS, AND BY EACH ADDI-
 TIONAL PERSON, FIVE DOLLARS, FOR SWEARING  EACH  WITNESS  THERETO,  FIVE
 DOLLARS.
   11. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING ANY NOTARY
 PUBLIC  TO  PERFORM A REMOTE NOTARIZATION. A NOTARY PUBLIC MAY REFUSE TO
 PERFORM A NOTARIAL ACT IF THE NOTARY PUBLIC IS NOT  SATISFIED  THAT  (I)
 THE  PRINCIPAL  IS COMPETENT OR HAS THE CAPACITY TO EXECUTE A RECORD, OR
 (II) THE PRINCIPAL'S SIGNATURE IS KNOWINGLY AND VOLUNTARILY MADE.
   § 2. Subdivision 1 of section 309-a of the real property law, as sepa-
 rately amended by chapter 179 of the laws of 1997 and chapter 596 of the
 laws of 1998, is amended to read as follows:
   1. The certificate of an  acknowledgment,  within  this  state,  of  a
 conveyance  or  other  instrument in respect to real property situate in
 this state, by a person, must conform substantially with  the  following
 form, the blanks being properly filled:
 State of New York }ss.:
 County of ........}
 On  the  ..........  day  of  ........  in the year ..... before me, the
 undersigned, EITHER (I) personally appeared OR (II) APPEARED REMOTELY BY
 AUDIO AND VIDEO TECHNOLOGY ........, personally known to me or proved to
 me on the basis of satisfactory evidence to be the  individual(s)  whose
 name(s) is (are) subscribed to the within instrument and acknowledged to
 me  that  he/she/they  executed the same in his/her/their capacity(ies),
 and  that  by  his/her/their  signature(s)  on   the   instrument,   the
 individual(s),  or  the  person  upon  behalf of which the individual(s)
 acted, executed the instrument.
   (Signature and office of individual taking acknowledgement.)
   § 3. Subdivision 1 of section 309-b  of  the  real  property  law,  as
 amended  by  chapter  609  of  the  laws  of 2002, is amended to read as
 follows:
   1. The certificate of an acknowledgement, without  this  state,  of  a
 conveyance  or other instrument with respect to real property situate in
 this state, by a person, may conform substantially  with  the  following
 form, the blanks being properly filled:
 State, District of Columbia, Territory, Possession, or Foreign Country
                ) ss.:
 
 On  the  _______  day  of  __________ in the year _______ before me, the
 undersigned, EITHER (I) personally appeared OR (II) APPEARED REMOTELY BY
 AUDIO AND VIDEO TECHNOLOGY ______________, personally  known  to  me  or
 proved   to  me  on  the  basis  of  satisfactory  evidence  to  be  the
 individual(s) whose name(s) is (are) subscribed to the within instrument
 and  acknowledged  to  me  that  he/she/they  executed   the   same   in
 his/her/their  capacity(ies),  and that by his/her/their signature(s) on
 the instrument, the individual(s), or the person upon  behalf  of  which
 the individual(s) acted, executed the instrument.
   (Signature and office of individual taking acknowledgement.)
   § 4. This act shall take effect immediately.

 S. 2508--A                         53                         A. 3008--A
 
                                  PART Q
 
   Section  1.  Paragraph  (b)  of subdivision 5 of section 8-0111 of the
 environmental conservation law, as amended by chapter 388 of the laws of
 2011, is amended to read as follows:
   (b) Actions subject to the provisions requiring a certificate of envi-
 ronmental compatibility and public need in articles seven, ten  and  the
 former  article  eight  of  the public service law OR REQUIRING A SITING
 PERMIT UNDER SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW; or
   § 2. Paragraph (i) of subdivision 3 and paragraph (d) of subdivision 7
 of section 94-c of the executive law, as added by section 4 of part  JJJ
 of chapter 58 of the laws of 2020, is amended to read as follows:
   (i) Notwithstanding any other provision of law, rule, or regulation to
 the  contrary  and consistent with appropriations therefor, employees of
 any state agency who are necessary to the functions of  the  office  and
 who  may  be  substantially  engaged in the performance of its functions
 shall be transferred to the office in accordance with the provisions  of
 section  [seventy-eight]  SEVENTY  of  the  civil service law. Employees
 transferred pursuant  to  this  section  shall  be  transferred  without
 further  examination  or qualification and shall retain their respective
 civil service classifications. Nothing set  forth  in  this  subdivision
 shall be construed to impede, infringe, or diminish the rights and bene-
 fits  that accrue to employees through collective bargaining agreements,
 impact or change an employee's  membership  in  a  bargaining  unit,  or
 otherwise  diminish the integrity of the collective bargaining relation-
 ship.
   (d) In addition to the fees established pursuant to paragraph  (a)  of
 this  subdivision,  the office, pursuant to regulations adopted pursuant
 to this section, may assess a fee for the purpose  of  recovering  [the]
 costs the office incurs [related to reviewing and processing an applica-
 tion submitted under this section].
   §  3.  Subdivision  2-b  of  section  2  of the public service law, as
 amended by chapter 6 of the laws of 2011, is amended to read as follows:
   2-b. The term "alternate energy production  facility,"  when  used  in
 this  chapter,  includes any solar, wind turbine, fuel cell, tidal, wave
 energy, waste management resource recovery,  refuse-derived  fuel,  wood
 burning  facility,  or  energy  storage device utilizing batteries, flow
 batteries, flywheels or compressed air, together with any related facil-
 ities located at the same project  site,  with  an  electric  generating
 capacity  of  [up  to  eighty]  LESS  THAN  TWENTY-FIVE megawatts, which
 produces electricity, gas or useful thermal energy.
   § 4. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 3, 2020; provided,
 however,  that  section  three  of this act shall not apply to any major
 electric generating facility issued a certificate under  article  10  of
 the  public  service  law prior to such date; and provided further, that
 the amendments to section 94-c of the executive law, made by section two
 of this act, shall not affect the repeal of such section  and  shall  be
 deemed repealed therewith.
 
                                  PART R
 
   Section  1.  Notwithstanding  any  provision  of  law to the contrary,
 general, special or local, (1) a building owner is  authorized  pursuant
 to  sections  28-320-3.6  and 28-320-3.6.1 of the administrative code of
 the city of New York to deduct from the reported annual  building  emis-

 S. 2508--A                         54                         A. 3008--A
 
 sions  the  number of renewable energy credits purchased by or on behalf
 of such owner associated with energy  produced  by  a  renewable  energy
 resource  that is eligible under tier 2 of the renewable energy standard
 (RES)  adopted by the public service commission, or qualifying renewable
 energy credits made available through contracts with the New York  state
 energy  research  and  development  authority and associated with energy
 produced by offshore wind energy resources delivering into  the  zone  J
 load  zone  or  energy resources subject to tier 4 of the RES; provided,
 however, that such building owner may only use tier 2  renewable  energy
 credits  for  the  purposes  of  this  subdivision in the absence of the
 availability of such offshore wind or tier 4 renewable  energy  credits;
 and (2) renewable energy credits associated with energy produced by such
 offshore  wind,  tier 2 and tier 4 energy resources shall be treated the
 same with respect to the conversion of such credits into emissions  that
 may be deducted by such building owner.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed December 31, 2034.
 
                                  PART S
 
   Section 1. The public authorities law  is  amended  by  adding  a  new
 section 2564-a to read as follows:
   § 2564-A. ADDITIONAL POWERS OF THE CORPORATION. 1. FOR THE PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "PREMISES"  MEANS  ALL  BUILDINGS AND STRUCTURES NOW OR HEREAFTER
 CONSTITUTING ALL OR ANY PART OF THE JACOB K. JAVITS CONVENTION CENTER AT
 AND IN THE GENERAL VICINITY OF 655 WEST 34TH STREET AND  650  WEST  39TH
 STREET, NEW YORK, NEW YORK, TOGETHER WITH THE LANDS ON WHICH SUCH BUILD-
 INGS AND STRUCTURES ARE OR WILL BE LOCATED.
   (B)  "NEW  YORK CITY CODES" MEANS THE NEW YORK CITY CONSTRUCTION CODES
 OF TWO THOUSAND FOURTEEN, INCLUDING BUT NOT  LIMITED  TO  THE  BUILDING,
 MECHANICAL,  PLUMBING,  FUEL GAS, AND ENERGY CONSERVATION CODES; THE NEW
 YORK CITY CONSTRUCTION AND MAINTENANCE CODE OF NINETEEN  HUNDRED  SIXTY-
 EIGHT;  THE  NEW  YORK  CITY FIRE CODE OF TWO THOUSAND FOURTEEN; THE NEW
 YORK CITY ELECTRICAL CODE; THE NEW YORK CITY ENERGY CODE; TITLE  ONE  OF
 THE RULES OF THE CITY OF NEW YORK, DEPARTMENT OF BUILDINGS; TITLE TWO OF
 THE  RULES  OF  THE CITY OF NEW YORK BOARD OF STANDARDS AND APPEALS; AND
 TITLE THREE OF THE RULES OF THE CITY OF NEW YORK FIRE DEPARTMENT.
   (C)  "THE  UNIFORM  CODE"  MEANS  THE  NEW  YORK  STATE  UNIFORM  FIRE
 PREVENTION AND BUILDING CODE.
   (D) "THE NYS ENERGY CODE" MEANS THE NEW YORK STATE ENERGY CONSERVATION
 CONSTRUCTION CODE.
   (E) "PART TWELVE HUNDRED FOUR" MEANS PART TWELVE HUNDRED FOUR OF TITLE
 NINETEEN  OF  THE  CODES,  RULES  AND  REGULATIONS OF NEW YORK STATE, AS
 AMENDED.
   2. IN CONNECTION WITH THE OPERATIONS  AND  ONGOING  EVENTS  AND  OTHER
 ACTIVITIES  AT ANY BUILDING OR STRUCTURE CONSTITUTING ALL OR ANY PART OF
 A PREMISES, THE CORPORATION MAY, FOR PURPOSES OF SUCH PREMISES,  ACT  AS
 THE  CONSTRUCTION-PERMITTING  AGENCY PURSUANT TO ARTICLE EIGHTEEN OF THE
 EXECUTIVE LAW AND THE REGULATIONS PROMULGATED  THEREUNDER,  AS  AMENDED.
 NOTWITHSTANDING  ANY  OTHER  PROVISION  OF ANY OTHER STATE OR LOCAL LAW,
 RULE OR REGULATION TO THE CONTRARY:
   (A) WHEN THE CORPORATION ACTS AS  THE  CONSTRUCTION-PERMITTING  AGENCY
 FOR  THE  PREMISES OR ANY PORTION THEREOF, THE CORPORATION MAY ELECT, IF
 DEEMED FEASIBLE AND APPROPRIATE, TO SUBJECT ALL  OR  ANY  PART  OF  SUCH
 PREMISES  AND  ALL BUILDINGS AND STRUCTURES CONSTITUTING ALL OR ANY PART

 S. 2508--A                         55                         A. 3008--A

 OF THE PREMISES TO THE REQUIREMENTS OF  THE  NEW  YORK  CITY  CODES,  AS
 AMENDED,  INSTEAD  OF  THE  REQUIREMENTS OF THE UNIFORM CODE AND THE NYS
 ENERGY CODE, AS AMENDED, FOR SUCH PREMISES; AND
   (B)  NOTWITHSTANDING THE FACT THAT SUCH PREMISES AND ALL BUILDINGS AND
 STRUCTURES CONSTITUTING ALL OR  ANY  PART  OF  SUCH  PREMISES  SHALL  BE
 SUBJECT  TO  THE  REQUIREMENTS OF THE NEW YORK CITY CODES INSTEAD OF THE
 REQUIREMENTS OF THE UNIFORM CODE AND NYS ENERGY CODE:
   (I) THE CORPORATION SHALL BE AUTHORIZED TO:
   (A) RENDER SUCH SERVICES FOR ALL OR ANY PORTION OF ANY  SUCH  PREMISES
 WITHOUT  APPROVAL  OF  ANY  OTHER  STATE  DEPARTMENT, AGENCY, OFFICER OR
 OFFICE BUT ONLY AS DIRECTLY RELATED TO THE  AUTHORITY  GRANTED  BY  THIS
 SECTION; AND
   (B)  TAKE ALL REASONABLY REQUIRED ACTIONS TO EXECUTE ITS DUTIES AS THE
 CONSTRUCTION-PERMITTING  AGENCY,  INCLUDING  WITHOUT  LIMITATION,  THOSE
 REQUIRED  TO REVIEW, PERMIT AND INSPECT THE PREMISES AND ENFORCE THE NEW
 YORK CITY CODES; AND
   (C) ISSUE TEMPORARY PLACE OF  ASSEMBLY  PERMITS,  TEMPORARY  STRUCTURE
 PERMITS,  CONSTRUCTION PERMITS AND ALL OTHER PERMITS AVAILABLE UNDER THE
 NEW YORK CITY CODES AFTER DETERMINING ANY  REQUEST  OR  APPLICATION  FOR
 SUCH  PERMITS COMPLIES WITH THE REQUIREMENTS OF THE NEW YORK CITY CODES;
 AND
   (D) ISSUE A CODE COMPLIANCE CERTIFICATE, CERTIFICATE OF OCCUPANCY,  OR
 A  TEMPORARY  APPROVAL  FOR  OCCUPANCY ALLOWING USE AND OCCUPANCY OF THE
 PREMISES OR PARTS THEREOF AFTER DETERMINING SUCH PREMISES OR PARTS THER-
 EOF COMPLIES WITH THE REQUIREMENTS OF THE NEW YORK CITY CODES; AND
   (E) EMPLOY  SUCH  EXPERTS  AND  CONSULTANTS  AS  SHALL  REASONABLY  BE
 REQUIRED  TO FULFILL ITS RESPONSIBILITIES AS THE CONSTRUCTION-PERMITTING
 AGENCY; AND
   (II) THE CORPORATION SHALL CONTINUE TO ACT AS THE CONSTRUCTION-PERMIT-
 TING AGENCY FOR SUCH PREMISES  AND  FOR  ALL  BUILDINGS  AND  STRUCTURES
 CONSTITUTING  ALL OR ANY PART OF SUCH PREMISES, AND SHALL DETERMINE THAT
 THE DESIGN OF ANY SUCH BUILDING AND STRUCTURE, OR,  IF  APPLICABLE,  THE
 DESIGN  OF  ANY  PHASE  OR  PORTION  OF  ANY SUCH BUILDING OR STRUCTURE,
 COMPLIES WITH THE REQUIREMENTS OF THE NEW YORK CITY CODES BEFORE ISSUING
 A CONSTRUCTION PERMIT FOR  SUCH  BUILDING  OR  STRUCTURE,  OR  PHASE  OR
 PORTION  THEREOF,  AND  SHALL DETERMINE THAT SUCH BUILDING OR STRUCTURE,
 OR, IF APPLICABLE, ANY PHASE  OR  PORTION  THEREOF,  COMPLIES  WITH  THE
 REQUIREMENTS OF THE NEW YORK CITY CODES BEFORE ISSUING A CODE COMPLIANCE
 CERTIFICATE  OR  TEMPORARY  APPROVAL  FOR OCCUPANCY FOR SUCH BUILDING OR
 STRUCTURE, OR PHASE OR PORTION THEREOF; AND
   (III) UPON WRITTEN REQUEST OF THE CORPORATION OR ANY OTHER  INTERESTED
 PARTY  FOR A VARIANCE OR MODIFICATION OF ANY PROVISION OR REQUIREMENT OF
 ANY ONE OR MORE OF THE NEW YORK CITY  CODES,  THE  DEPARTMENT  OF  STATE
 SHALL  BE  AUTHORIZED  TO  CONSIDER  THE EVIDENCE OFFERED AND SUCH OTHER
 REPORTS, STUDIES AND OTHER INFORMATION THE DEPARTMENT OF STATE MAY  DEEM
 APPROPRIATE,  ARRANGE FOR THE REVIEW OF THE REQUEST BY OTHER STATE AGEN-
 CIES OR INTERNAL OR EXTERNAL EXPERTS AND CONSULTANTS, MAKE  FINDINGS  OF
 FACT  AND  CONCLUSIONS  OF LAW, AND RENDER A DECISION IN WRITING ON SUCH
 REQUEST, GRANTING OR DENYING, IN WHOLE OR IN PART, THE  REQUESTED  VARI-
 ANCE OR MODIFICATION, PROVIDED, HOWEVER, THAT:
   (A)  NO  SUCH  VARIANCE  OR  MODIFICATION  SHALL BE GRANTED UNLESS THE
 APPLICANT ESTABLISHES TO THE SATISFACTION OF  THE  DEPARTMENT  OF  STATE
 THAT  GRANTING SUCH VARIANCE OR MODIFICATION SHALL NOT MATERIALLY AFFECT
 ADVERSELY PROVISIONS FOR HEALTH, SAFETY AND SECURITY; AND

 S. 2508--A                         56                         A. 3008--A
 
   (B) ANY DECISION TO GRANT A VARIANCE OR MODIFICATION, IN WHOLE  OR  IN
 PART,  SHALL  ALSO  BE  NOTED ON THE APPLICABLE PLANS AND SPECIFICATIONS
 SIGNED AND SEALED BY A PROFESSIONAL ENGINEER OR ARCHITECT; AND
   (IV)  SUCH  PREMISES AND ALL BUILDINGS AND STRUCTURES CONSTITUTING ALL
 OR ANY PART OF SUCH  PREMISES  SHALL  CONTINUE  TO  BE  SUBJECT  TO  THE
 PROVISIONS  OF PART TWELVE HUNDRED FOUR; PROVIDED, HOWEVER, THAT FOR THE
 PURPOSES OF APPLYING PART TWELVE HUNDRED FOUR, ALL  REFERENCES  IN  PART
 TWELVE HUNDRED FOUR TO THE UNIFORM CODE SHALL BE DEEMED TO BE REFERENCES
 TO THE NEW YORK CITY CODES; AND
   (V)  NO  MUNICIPAL  CORPORATION  OR SUBDIVISION THEREOF SHALL HAVE THE
 POWER TO MODIFY OR CHANGE THE PLANS OR SPECIFICATIONS FOR SUCH PREMISES,
 OR THE CONSTRUCTION, PLUMBING, HEATING,  LIGHTING  OR  OTHER  MECHANICAL
 BRANCH  WORK  NECESSARY TO COMPLETE THE WORK IN QUESTION, NOR TO REQUIRE
 THAT ANY PERSON, FIRM OR CORPORATION EMPLOYED ON  ANY  SUCH  WORK  SHALL
 PERFORM  ANY  SUCH WORK IN ANY OTHER DIFFERENT MANNER THAN THAT REQUIRED
 BY SUCH PLANS AND SPECIFICATIONS, NOR  TO  CONDUCT  CONSTRUCTION-RELATED
 INSPECTIONS,  INCLUDING  BUT  NOT  LIMITED TO FIRE SAFETY INSPECTIONS OR
 OTHER INSPECTIONS OF SUCH PREMISES  OR  OF  ANY  BUILDING  OR  STRUCTURE
 CONSTITUTING  ALL  OR ANY PART OF SUCH PREMISES, NOR TO ISSUE NOTICES OF
 VIOLATION, ORDERS TO REMEDY,  SUMMONSES,  OR  OTHER  ENFORCEMENT-RELATED
 INSTRUMENTS  OF  ANY  KIND  RELATING TO ANY ALLEGED VIOLATION OF THE NEW
 YORK CITY CODES BY SUCH PREMISES OR ANY BUILDING OR STRUCTURE CONSTITUT-
 ING ALL OR ANY PART OF SUCH PREMISES, AND NO  CONDITION  OR  REQUIREMENT
 WHATEVER MAY BE IMPOSED BY ANY SUCH MUNICIPAL CORPORATION OR SUBDIVISION
 THEREOF  IN  RELATION  TO WORK BEING DONE ON SUCH PREMISES, AS SUCH WORK
 SHALL BE UNDER THE SOLE CONTROL OF THE CORPORATION  IN  ACCORDANCE  WITH
 THE  PLANS,  SPECIFICATION  AND  CONTRACTS IN RELATION THERETO, PROVIDED
 THAT EMERGENCY PERSONNEL SHALL HAVE ACCESS  TO  THE  PREMISES  SITE  FOR
 PURPOSES OF EMERGENCY OPERATIONS, COORDINATION, AND PREPAREDNESS; AND
   (C)  THE  CORPORATION  SHALL  BE  RESPONSIBLE FOR REIMBURSEMENT TO THE
 DEPARTMENT OF STATE FOR COSTS INCURRED IN CONSIDERING A  REQUEST  FOR  A
 VARIANCE  OR MODIFICATION AS CONTEMPLATED BY SUBPARAGRAPH (III) OF PARA-
 GRAPH (B) OF THIS SUBDIVISION.
   3. NOTHING IN THIS SECTION SHALL PROHIBIT THE CORPORATION FROM NEGOTI-
 ATING AN AGREEMENT WITH THE APPLICABLE MUNICIPAL CORPORATION  TO  ASSUME
 ADMINISTRATION  AND  ENFORCEMENT OF ANY APPLICABLE CODES WITH RESPECT TO
 THE PREMISES OR ANY INDIVIDUAL PROJECT ON THE PREMISES.
   4. NOTHING IN THIS SECTION SHALL PROHIBIT THE CORPORATION FROM UTILIZ-
 ING THE UNIFORM CODE AND THE NYS ENERGY CODE, AS AMENDED FOR  ANY  ADDI-
 TIONAL WORK THAT REQUIRES A CONSTRUCTION PERMIT.
   § 2. This act shall take effect immediately.
 
                                  PART T

   Section  1.  Legislative  Findings.  The  legislature hereby finds and
 determines that the establishment of  the  utility  debt  securitization
 authority  under  part B of chapter 173 of the laws of 2013, as amended,
 permitted the issuance of securitized restructuring bonds  on  favorable
 terms  which  resulted in lower aggregate distribution, transmission and
 transition charges to Long Island ratepayers, compared to  other  avail-
 able alternatives, and the purposes of such act will be further advanced
 by  amending  such  act  to permit the issuance of additional such bonds
 subject to a limit on the outstanding principal amount  thereof  and  to
 allow  such bonds to be issued to refund bonds of the utility debt secu-
 ritization authority. The legislature hereby further  finds  and  deter-
 mines  that  improvements to the transmission and distribution system of

 S. 2508--A                         57                         A. 3008--A
 
 the Long Island Power Authority to increase resiliency and better  with-
 stand  the effects of climate change are necessary, and that issuance of
 securitized restructuring  bonds  by  the  Utility  Debt  Securitization
 Authority  may  allow the funding of such improvements on more favorable
 terms than if such bonds were issued by the Long Island Power Authority.
   § 2. Subdivision 2 of section 2 of part B of chapter 173 of  the  laws
 of  2013  relating to the issuance of securitized restructuring bonds to
 refinance the outstanding debt of the Long Island  power  authority,  is
 amended to read as follows:
   2.  "Approved  restructuring  costs"  means, to the extent approved as
 such under a restructuring cost financing order, (a) costs  of  purchas-
 ing, redeeming or defeasing a portion of outstanding debt of the author-
 ity  OR  THE RESTRUCTURING BOND ISSUER, including bonds and notes issued
 by the authority OR THE RESTRUCTURING BOND ISSUER, debt  issued  by  the
 New York state energy research and development authority for the benefit
 of  the LILCO; (b) costs of terminating interest rate swap contracts and
 other financial contracts entered into by or  for  the  benefit  of  the
 authority  and related to debt obligations of the authority; (c) rebate,
 yield reduction payments and any other amounts  payable  to  the  United
 States  Treasury  or  to  the  Internal  Revenue  Service to preserve or
 protect the federal tax-exempt status of outstanding debt obligations of
 the  authority;  [and]  (d)  upfront  financing  costs  associated  with
 restructuring bonds; AND (E) SYSTEM RESILIENCY COSTS.
   §  3. Subdivision 11 of section 2 of part B of chapter 173 of the laws
 of 2013 relating to the issuance of securitized restructuring  bonds  to
 refinance  the  outstanding  debt of the Long Island power authority, as
 amended by section 2-a of part W of chapter 58 of the laws of  2015,  is
 amended to read as follows:
   11.  "Restructuring  bonds"  means bonds or other evidences of indebt-
 edness that are issued pursuant to an indenture or  other  agreement  of
 the restructuring bond issuer under a restructuring cost financing order
 (a)  the proceeds of which are used, directly or indirectly, to recover,
 finance, or refinance approved restructuring costs, (b) that are direct-
 ly or indirectly secured by, or payable  from,  restructuring  property,
 AND  (c) that have a term no longer than thirty years [and (d) that have
 a final scheduled maturity date no later than the final scheduled  matu-
 rity  date  of  the authority bonds purchased, redeemed or defeased with
 the proceeds of such restructuring bonds].
   § 4. Section 2 of part B of chapter 173 of the laws of  2013  relating
 to  the  issuance  of  securitized  restructuring bonds to refinance the
 outstanding debt of the Long  Island  power  authority,  is  amended  by
 adding a new subdivision 17-a to read as follows:
   17-A.  "SYSTEM RESILIENCY COSTS" MEANS, TO THE EXTENT APPROVED AS SUCH
 UNDER A RESTRUCTURING COST FINANCING ORDER, COSTS OF REBUILDING, IMPROV-
 ING OR CONSTRUCTING  TRANSMISSION  AND  DISTRIBUTION  SYSTEM  ASSETS  TO
 INCREASE RESILIENCY OF SUCH ASSETS, BETTER WITHSTAND CHANGES IN CLIMATE,
 ABSORB  IMPACTS  FROM  OUTAGE-INDUCING  EVENTS, AND RECOVER QUICKLY FROM
 OUTAGES INCLUDING BUT NOT LIMITED TO, IMPROVEMENTS TO AND REPLACEMENT OF
 POLES AND WIRES, MOVING POWER LINES  UNDERGROUND,  RAISING  SUBSTATIONS,
 CONSTRUCTING FLOOD BARRIERS, AND SYSTEM AUTOMATION AND COSTS OF PURCHAS-
 ING,  REDEEMING  OR  DEFEASING DEBT OF THE AUTHORITY INCURRED TO FINANCE
 SUCH COSTS OR REIMBURSING THE AUTHORITY FOR  AMOUNTS  ALREADY  SPENT  ON
 SUCH COSTS.
   §  5.  Subdivision 1 of section 3 of part B of chapter 173 of the laws
 of 2013 relating to the issuance of securitized restructuring  bonds  to

 S. 2508--A                         58                         A. 3008--A

 refinance  the  outstanding  debt of the Long Island power authority, is
 amended to read as follows:
   1.  Standard. The authority may prepare a restructuring cost financing
 order (A) for the purpose of issuing restructuring  bonds  to  refinance
 outstanding debt of the authority OR THE RESTRUCTURING BOND ISSUER based
 on a finding that such bond issuance is expected to result in savings to
 consumers  of  electric  transmission  and  distribution services in the
 service area on a net present value basis; OR (B)  FOR  THE  PURPOSE  OF
 ISSUING  RESTRUCTURING BONDS TO FINANCE SYSTEM RESILIENCY COSTS BASED ON
 A FINDING THAT FUNDING OF SUCH SYSTEM RESILIENCY  COSTS  BY  THE  ISSUER
 WOULD  RESULT  IN  LOWER COSTS TO CONSUMERS OF ELECTRIC TRANSMISSION AND
 DISTRIBUTION SERVICES IN THE SERVICE AREA ON A NET PRESENT  VALUE  BASIS
 THAN FUNDING OF SUCH COSTS BY THE AUTHORITY.
   §  6. Paragraph (a) of subdivision 1 of section 4 of part B of chapter
 173 of the laws of 2013 relating to the issuance of securitized restruc-
 turing bonds to refinance the outstanding debt of the Long Island  power
 authority,  as  amended by section 3 of part W of chapter 58 of the laws
 of 2015, is amended to read as follows:
   (a) For the purpose of effectuating the purposes declared  in  section
 one  of  this  act,  there is hereby created a special purpose corporate
 municipal instrumentality of the state to  be  known  as  "utility  debt
 securitization  authority", which shall be a body corporate and politic,
 a political subdivision of the state, and a public benefit  corporation,
 exercising  essential governmental and public powers for the good of the
 public.  Such restructuring bond issuer shall not be created  or  organ-
 ized,  and  its  operations  shall  not be conducted, for the purpose of
 making a profit. No part of the revenues or assets of such restructuring
 bond issuer shall inure to the benefit of or  be  distributable  to  its
 trustees  or  officers  or  any  other private persons, except as herein
 provided for actual services rendered.  [The aggregate principal  amount
 of  restructuring  bonds  authorized  to be issued by restructuring bond
 issuers created pursuant to this act shall not exceed] NO MORE THAN four
 billion five hundred  million  dollars  AGGREGATE  PRINCIPAL  AMOUNT  OF
 RESTRUCTURING  BONDS ISSUED BY RESTRUCTURING BOND ISSUERS CREATED PURSU-
 ANT TO THIS ACT SHALL BE OUTSTANDING AT ANY TIME. FOR  THE  PURPOSES  OF
 THIS  SECTION, RESTRUCTURING BONDS SHALL NOT BE DEEMED TO BE OUTSTANDING
 IF THEY HAVE MATURED OR IF THEY HAVE BEEN PAID OR REDEEMED OR  PROVISION
 FOR PAYMENT OR REDEMPTION OF SUCH BONDS SHALL HAVE BEEN MADE.
   §  7.  Subparagraphs (i) and (iv) of paragraph (a) of subdivision 2 of
 section 4 of part B of chapter 173 of the laws of 2013 relating  to  the
 issuance   of   securitized   restructuring   bonds   to   refinance the
 outstanding debt of the Long Island power authority, subparagraph (i) as
 amended and subparagraph (iv) as added by section 4 of part W of chapter
 58 of the laws of 2015,  are  amended to read as follows:
   (i) issue the restructuring bonds contemplated by a restructuring cost
 financing order, and use the proceeds thereof to  purchase  or  acquire,
 and  to  own,  hold  and  use  restructuring  property or to pay or fund
 upfront financing costs [provided, however, that the restructuring  bond
 issuer  shall not issue restructuring bonds for the purpose of refunding
 other restructuring bond];
   (iv) [only] issue restructuring bonds of  which  the  final  scheduled
 maturity  date  of  any  series of restructuring bonds shall be no later
 than [the final scheduled maturity date of the  authority  bonds  to  be
 purchased,  redeemed or defeased with the proceeds of such restructuring
 bonds] THIRTY YEARS FROM THE DATE  OF  ISSUANCE  OF  SUCH  RESTRUCTURING
 BONDS.

 S. 2508--A                         59                         A. 3008--A
 
   § 8. This act shall take effect immediately.
 
                                  PART U
 
   Section  1.    Paragraph  4 of subdivision (c) of section 188-a of the
 economic development law, as added by section 2 of part CC of chapter 60
 of the laws of 2011, is amended to read as follows:
   (4) The board may base its recommendation on which eligible applicants
 it determines best meet the applicable criteria; provided, however, that
 the board shall dedicate recharge New York  power  as  follows:  (i)  at
 least three hundred fifty megawatts for use at facilities located within
 the  service  territories of the utility corporations that, prior to the
 effective date of this section, purchased  Niagara  and  Saint  Lawrence
 hydroelectric  power for the benefit of their domestic and rural consum-
 ers; (ii) at least two hundred megawatts for the purposes of  attracting
 new  business  to  the state, creating new business within the state, or
 encouraging the expansion of existing businesses within the state,  that
 create  new jobs or leverage new capital investment; and (iii) an amount
 not to exceed one hundred FIFTY megawatts for eligible small  businesses
 and eligible not-for-profit corporations.
   § 2. This act shall take effect immediately.
 
                                  PART V
 
   Section  1.  Subsections  (e) and (g) of section 7002 of the insurance
 law, as amended by chapter 188 of the laws of 2003, are amended to  read
 as follows:
   (e) "Industrial insured" means an insured:
   (1) whose net worth exceeds one hundred million dollars;
   (2)  who  is  a  member  of  a  holding company system whose net worth
 exceeds one hundred million dollars;
   (3) who is the metropolitan transportation authority and its statutory
 subsidiaries. When filing an application to form a pure  captive  insur-
 ance  company  the  metropolitan  transportation  authority shall submit
 written notice of such filing to the governor, the  temporary  president
 of the senate and the speaker of the assembly; [or]
   (4) WHO IS THE POWER AUTHORITY OF THE STATE OF NEW YORK AND ANY STATU-
 TORY SUBSIDIARY OR AFFILIATE THEREOF. WHEN FILING AN APPLICATION TO FORM
 A  PURE CAPTIVE INSURANCE COMPANY THE POWER AUTHORITY SHALL SUBMIT WRIT-
 TEN NOTICE OF SUCH FILING TO THE GOVERNOR, THE  TEMPORARY  PRESIDENT  OF
 THE SENATE AND THE SPEAKER OF THE ASSEMBLY; OR
   (5)  who  is  a  city  with  a population of one million or more. When
 filing an application to form a pure captive insurance company,  a  city
 with  a population of one million or more shall submit written notice of
 such filing to the governor, the temporary president of the  senate  and
 the speaker of the assembly.
   (g)  "Industrial insured group" means any group of unaffiliated indus-
 trial insureds that are engaged in  similar  or  related  businesses  or
 activities,  however,  the  metropolitan  transportation  authority, THE
 POWER AUTHORITY OF THE STATE OF NEW YORK AND ANY STATUTORY SUBSIDIARY OR
 AFFILIATE THEREOF and cities with a population of one  million  or  more
 shall  not  be a member of an industrial insured group, and that collec-
 tively:
   (1) own, control or hold with power to vote  all  of  the  outstanding
 voting shares of stock of a group captive insurance company incorporated
 as a stock insurer; or

 S. 2508--A                         60                         A. 3008--A
 
   (2)  represent  one  hundred  percent of the voting members of a group
 captive insurance company organized as a mutual insurer.
   § 2. Section 1005 of the public authorities law is amended by adding a
 new subdivision 28 to read as follows:
   28.  THE  AUTHORITY  MAY  ESTABLISH  A  SUBSIDIARY CORPORATION FOR THE
 PURPOSE OF FORMING A PURE  CAPTIVE  INSURANCE  COMPANY  AS  PROVIDED  IN
 SECTION  SEVEN  THOUSAND  TWO  OF THE INSURANCE LAW. THE MEMBERS OF SUCH
 SUBSIDIARY CORPORATION OF THE AUTHORITY SHALL BE THE SAME PERSONS  HOLD-
 ING THE OFFICES OF MEMBERS OF THE AUTHORITY. SUCH SUBSIDIARY CORPORATION
 SHALL  HAVE  ALL OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS AND OTHER
 EXEMPTIONS OF THE AUTHORITY AND OF THE AUTHORITY'S  PROPERTY,  FUNCTIONS
 AND  ACTIVITIES.  THE  SUBSIDIARY  CORPORATION OF THE AUTHORITY SHALL BE
 SUBJECT TO SUIT IN ACCORDANCE WITH SECTION  ONE  THOUSAND  SEVENTEEN  OF
 THIS  TITLE.  THE  EMPLOYEES  OF ANY SUCH SUBSIDIARY CORPORATION, EXCEPT
 THOSE WHO ARE ALSO EMPLOYEES OF  THE  AUTHORITY,  SHALL  NOT  BE  DEEMED
 EMPLOYEES OF THE AUTHORITY.
   §  3.  Subdivision  (a)  of section 1500 of the tax law, as amended by
 section 21 of part A of chapter 59 of the laws of 2014,  is  amended  to
 read as follows:
   (a)  The  term "insurance corporation" includes a corporation, associ-
 ation, joint stock company or association, person, society,  aggregation
 or  partnership,  by  whatever  name known, doing an insurance business,
 and, notwithstanding the provisions of section fifteen hundred twelve of
 this article, shall include (1) a risk retention  group  as  defined  in
 subsection  (n)  of section five thousand nine hundred two of the insur-
 ance law, (2) the state insurance fund and (3)  a  corporation,  associ-
 ation,  joint stock company or association, person, society, aggregation
 or partnership doing an insurance business as a member of the  New  York
 insurance  exchange described in section six thousand two hundred one of
 the  insurance  law.  The  definition  of  the  "state  insurance  fund"
 contained  in  this  subdivision  shall  be limited in its effect to the
 provisions of this article and the related provisions  of  this  chapter
 and  shall  have  no  force  and  effect other than with respect to such
 provisions. The  term  "insurance  corporation"  shall  also  include  a
 captive insurance company doing a captive insurance business, as defined
 in  subsections (c) and (b), respectively, of section seven thousand two
 of the insurance law; provided, however, "insurance  corporation"  shall
 not include the metropolitan transportation authority, THE POWER AUTHOR-
 ITY  OF  NEW YORK OR ANY STATUTORY SUBSIDIARY OR AFFILIATE THEREOF, or a
 public benefit corporation or not-for-profit  corporation  formed  by  a
 city with a population of one million or more pursuant to subsection (a)
 of  section  seven  thousand five of the insurance law, each of which is
 expressly exempt from the payment of fees, taxes or assessments, whether
 state or local; and provided further "insurance  corporation"  does  not
 include  any  combinable  captive insurance company. The term "insurance
 corporation" shall also include an unauthorized insurer  operating  from
 an office within the state, pursuant to paragraph five of subsection (b)
 of  section  one  thousand one hundred one and subsection (i) of section
 two thousand one hundred  seventeen  of  the  insurance  law.  The  term
 "insurance  corporation" also includes a health maintenance organization
 required to obtain a certificate of authority under  article  forty-four
 of the public health law.
   §  4.  Subdivision (a) of section 1502-b of the tax law, as amended by
 section 22 of part A of chapter 59 of the laws of 2014,  is  amended  to
 read as follows:

 S. 2508--A                         61                         A. 3008--A
 
   (a) In lieu of the taxes and tax surcharge imposed by sections fifteen
 hundred  one, fifteen hundred two-a, fifteen hundred five-a, and fifteen
 hundred ten of this article, every captive insurance company licensed by
 the superintendent of financial services pursuant to the  provisions  of
 article seventy of the insurance law, other than the metropolitan trans-
 portation  authority,  THE  POWER AUTHORITY OF NEW YORK OR ANY STATUTORY
 SUBSIDIARY OR AFFILIATE THEREOF, and a  public  benefit  corporation  or
 not-for-profit  corporation  formed  by  a city with a population of one
 million or more pursuant to subsection (a)  of  section  seven  thousand
 five  of  the  insurance law, each of which is expressly exempt from the
 payment of fees, taxes or assessments whether state or local, and  other
 than  combinable  captive insurance company, shall, for the privilege of
 exercising its corporate franchise, pay a tax on (1)  all  gross  direct
 premiums,  less  return  premiums  thereon,  written on risks located or
 resident in this state and (2) all assumed  reinsurance  premiums,  less
 return  premiums  thereon,  written on risks located or resident in this
 state. The rate of the tax imposed on gross  direct  premiums  shall  be
 four-tenths  of  one  percent  on  all  or  any part of the first twenty
 million dollars of premiums, three-tenths of one percent on all  or  any
 part of the second twenty million dollars of premiums, two-tenths of one
 percent on all or any part of the third twenty million dollars of premi-
 ums,  and  seventy-five  thousandths  of  one  percent on each dollar of
 premiums thereafter. The rate of the tax on assumed reinsurance premiums
 shall be two hundred twenty-five thousandths of one percent  on  all  or
 any  part  of  the first twenty million dollars of premiums, one hundred
 and fifty thousandths of one percent on all or any part  of  the  second
 twenty  million dollars of premiums, fifty thousandths of one percent on
 all or any part of the third twenty  million  dollars  of  premiums  and
 twenty-five thousandths of one percent on each dollar of premiums there-
 after.  The tax imposed by this section shall be equal to the greater of
 (i) the sum of the tax imposed on gross  direct  premiums  and  the  tax
 imposed on assumed reinsurance premiums or (ii) five thousand dollars.
   § 5. This act shall take effect immediately.
 
                                  PART W
 
   Section  1.  Expenditures  of  moneys  by  the  New  York state energy
 research and development authority for  services  and  expenses  of  the
 energy   research,  development  and  demonstration  program,  including
 grants, the energy policy and planning program, the zero emissions vehi-
 cle and electric vehicle rebate program, and the Fuel NY  program  shall
 be  subject  to  the  provisions  of this section.   Notwithstanding the
 provisions of subdivision 4-a of section 18-a of the public service law,
 all moneys committed or expended in an amount not to exceed  $22,700,000
 shall  be  reimbursed by assessment against gas corporations, as defined
 in subdivision 11 of section 2 of the public service  law  and  electric
 corporations  as  defined  in  subdivision 13 of section 2 of the public
 service law, where such gas corporations and electric corporations  have
 gross  revenues from intrastate utility operations in excess of $500,000
 in the preceding calendar year, and the total amount assessed  shall  be
 allocated to each electric corporation and gas corporation in proportion
 to  its  intrastate  electricity  and  gas revenues in the calendar year
 2019. Such  amounts  shall  be  excluded  from  the  general  assessment
 provisions  of  subdivision 2 of section 18-a of the public service law.
 The chair of the public service commission shall bill  such  gas  and/or
 electric  corporations for such amounts on or before August 10, 2021 and

 S. 2508--A                         62                         A. 3008--A
 
 such amounts shall be paid to the New York  state  energy  research  and
 development authority on or before September 10, 2021. Upon receipt, the
 New  York  state energy research and development authority shall deposit
 such  funds in the energy research and development operating fund estab-
 lished pursuant to section 1859 of the public authorities law.  The  New
 York  state  energy research and development authority is authorized and
 directed to: (1) transfer up to $4 million to the state general fund for
 climate change related services and expenses of the department of  envi-
 ronmental  conservation, $150,000 to the state general fund for services
 and expenses of the department of agriculture and markets, and  $825,000
 to  the University of Rochester laboratory for laser energetics from the
 funds received; and (2) commencing in 2016, provide to the chair of  the
 public  service commission and the director of the budget and the chairs
 and secretaries of the  legislative  fiscal  committees,  on  or  before
 August  first  of each year, an itemized record, certified by the presi-
 dent and chief executive officer of the authority, or his or her  desig-
 nee,  detailing  any  and all expenditures and commitments ascribable to
 moneys received as a result of this  assessment  by  the  chair  of  the
 department  of  public  service  pursuant  to section 18-a of the public
 service law.  This itemized record shall include an  itemized  breakdown
 of the programs being funded by this section and the amount committed to
 each  program.  The  authority shall not commit for any expenditure, any
 moneys derived from the assessment provided for in this  section,  until
 the  chair  of  such authority shall have submitted, and the director of
 the budget shall have approved, a comprehensive  financial  plan  encom-
 passing  all  moneys  available  to  and all anticipated commitments and
 expenditures by such authority from any source  for  the  operations  of
 such  authority.    Copies  of the approved comprehensive financial plan
 shall be immediately submitted by the chair to  the  chairs  and  secre-
 taries of the legislative fiscal committees. Any such amount not commit-
 ted  by such authority to contracts or contracts to be awarded or other-
 wise expended by the authority during the fiscal year shall be  refunded
 by such authority on a pro-rata basis to such gas and/or electric corpo-
 rations,  in  a  manner  to  be  determined  by the department of public
 service, and any refund amounts must be  explicitly  lined  out  in  the
 itemized record described above.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2021.
 
                                  PART X
 
   Section 1. Section 11-0701 of the environmental conservation  law,  as
 amended  by  section  1-a  of  part R of chapter 58 of the laws of 2013,
 paragraph a of subdivision 1 as amended by section 21 and subdivision  9
 as  amended  by section 17 of part EE of chapter 55 of the laws of 2014,
 is amended to read as follows:
 § 11-0701. Definitions of licenses and privileges of licensees.
   1. A hunting license[:
   a.] entitles a holder  who  is  twelve  [or],  thirteen,  FOURTEEN  OR
 FIFTEEN years of age to hunt wildlife[, except big game,] as provided in
 title  9  of  this  article  subject, specifically, to the provisions of
 section 11-0929 of this article. It  entitles  such  holder  to  possess
 firearms  as  provided in section 265.05 of the penal law. [A holder who
 is twelve or thirteen years of age shall not hunt with a crossbow.
   b. entitles a holder who is fourteen or fifteen years of age  to  hunt
 wildlife,  including  wild deer and bear, as provided in title 9 of this

 S. 2508--A                         63                         A. 3008--A

 article, subject, specifically, to the provisions of section 11-0929  of
 this article. It entitles such holder to possess firearms as provided in
 section 265.05 of the penal law.]
   2.  a.  A hunting license entitles the holder to hunt wildlife subject
 to the following:
   (1) a holder who is eighteen years of age or older may  hunt  wildlife
 as provided in title 9 of this article,
   (2)  a  holder who is sixteen years of age or older may hunt wildlife,
 except big game, as provided in title 9 of this article, [and]
   (3) a holder who is between the ages of sixteen and eighteen may  hunt
 big game pursuant to the provisions of title 9 of this article while the
 holder  is  accompanied  by a parent, guardian or person over the age of
 eighteen as required by section 11-0929 of this article[.
   A] , AND
   (4) A holder may take fish with a longbow as provided in titles 9  and
 13 this article.
   b.  A  special antlerless deer license is applicable to the hunting of
 wild antlerless deer in a special open season fixed pursuant to subdivi-
 sion 6 of section 11-0903 of this article in a tract within a Wilderness
 Hunting Area and entitles the  holder  of  a  hunting  license  to  hunt
 antlerless  deer  in such special open season, as provided in title 9 of
 this article if he or she has on his or her person while so hunting both
 his or her hunting license  and  his  or  her  special  antlerless  deer
 license.
   3.  A bowhunting privilege when included on a hunting license entitles
 a holder:
   (1) who is between the ages of twelve and sixteen years to  hunt  wild
 deer  and  bear  with  a  longbow OR CROSSBOW during the special archery
 season and during the regular season, as provided in  title  9  of  this
 article,  subject to the provisions of section 11-0929 and subdivision 3
 of section 11-0713 of this article;
   (2) who is eighteen years of age or older to hunt wild deer  and  bear
 with a longbow OR CROSSBOW, as provided in title 9 of this article, in a
 special ARCHERY season; and
   (3)  who  is  sixteen  or  seventeen years of age to exercise the same
 privileges subject to the provisions of section 11-0929 and  subdivision
 3 of section 11-0713 of this article.
   4.  A  fishing  license  entitles  the holder to take fish by angling,
 spearing, hooking, longbow and tipups, to take frogs by spearing, catch-
 ing with the hands or by use of a club or hook, and to  take  bait  fish
 for personal use, as provided in titles 9 and 13 of this article, except
 that such license shall not entitle the holder to take migratory fish of
 the sea or to take fish from the waters of the marine district.
   5.  A non-resident bear tag entitles a person who has not been a resi-
 dent of the state for more than thirty days who also possesses a hunting
 license to hunt bear during the regular open season therefor  or  in  an
 open season fixed by regulation pursuant to subdivision eight of section
 11-0903  of  this  article.  It  entitles a non-resident holder who also
 possesses a hunting license with bowhunting privilege to hunt bear  with
 a longbow OR CROSSBOW during the open bear season. It entitles a non-re-
 sident  holder  who also possesses a hunting license with muzzle-loading
 privilege to hunt bear with a muzzleloader during the open bear season.
   6. A seven-day fishing license entitles the  holder  to  exercise  the
 privileges of a fishing license for the seven consecutive days specified
 in the license.

 S. 2508--A                         64                         A. 3008--A
 
   7. A one-day fishing license entitles the holder to exercise the priv-
 ileges of a fishing license on the day specified on the license.
   8. A trapping license entitles the holder to trap beaver, otter, fish-
 er, mink, muskrat, skunk, raccoon, bobcat, coyote, fox, opossum, weasel,
 pine  marten and unprotected wildlife except birds, as provided in title
 11, subject to the provisions of section 11-0713 of this article.
   9. A muzzle-loading privilege when included on a hunting license enti-
 tles a holder who is [fourteen] TWELVE years of age  or  older  to  hunt
 wild deer and bear with a muzzle-loading firearm, as provided in title 9
 of this article, in a special muzzle-loading firearm season.
   §  2.  Paragraph b of subdivision 6 of section 11-0703 of the environ-
 mental conservation law, as amended by section 2 of part R of chapter 58
 of the laws of 2013, is amended to read as follows:
   b. Except as provided in section 11-0707 and section 11-0709  of  this
 title,  no  person  shall  (1) hunt wild deer or bear unless such person
 holds and is entitled to exercise the privileges of a  hunting  license,
 and  meets  the requirements of this article; (2) hunt wild deer or bear
 with a longbow OR CROSSBOW in a special [longbow] ARCHERY season  unless
 such  person holds and is entitled to exercise the privileges of a hunt-
 ing license with a bowhunting privilege and meets  the  requirements  of
 this  article;  or  (3)  hunt  wild  deer  or bear with a muzzle-loading
 firearm in a special muzzle-loading firearm season unless such person is
 at least [fourteen] TWELVE years old and holds a hunting license with  a
 muzzle-loading privilege and meets the requirements of this article.
   §  3.  Subdivision 6 of section 11-0713 of the environmental conserva-
 tion law is REPEALED.
   § 4. Paragraph c of subdivision 3 of section 11-0901 of  the  environ-
 mental  conservation law, as amended by section 19 of part EE of chapter
 55 of the laws of 2014, is amended to read as follows:
   c. Wild small game and wild upland game birds shall be taken  only  by
 longbow,  CROSSBOW or gun, or by the use of raptors as provided in title
 10 of this article, except that:
   (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken
 in any manner not prohibited in this section or in title 11 of the  Fish
 and Wildlife Law; AND
   (2)  frogs  may also be taken by spearing, catching with the hands, or
 by the use of a club or hook[; and
   (3) crossbows may be used but only by licensees who are fourteen years
 of age or older].
   § 5. Subparagraph 9 of paragraph b of subdivision 4 of section 11-0901
 of the environmental conservation law, as added by section 6 of part  EE
 of chapter 55 of the laws of 2014, is amended to read as follows:
   (9)  with  a  crossbow unless such crossbow shall consist of a bow and
 string, either compound or recurve, that  launches  a  minimum  fourteen
 inch  [bolt]  ARROW,  not  including  point, mounted upon a stock with a
 trigger that holds the string and limbs under  tension  until  released.
 The trigger unit of such crossbow must have a working safety. [The mini-
 mum limb width of such crossbow shall be seventeen inches,] THE CROSSBOW
 SHALL have a minimum peak draw weight of one hundred pounds [and a maxi-
 mum peak draw weight of two hundred pounds. The] AND THE minimum overall
 length  of such crossbow from buttstock to front of limbs shall be twen-
 ty-four inches.
   § 6. Subparagraph 9 of paragraph c of subdivision 4 of section 11-0901
 of the environmental conservation law, as added by section 7 of part  EE
 of chapter 55 of the laws of 2014, is amended to read as follows:

 S. 2508--A                         65                         A. 3008--A
 
   (9)  with  a  crossbow unless such crossbow shall consist of a bow and
 string, either compound or recurve, that  launches  a  minimum  fourteen
 inch  [bolt]  ARROW,  not  including  point, mounted upon a stock with a
 trigger that holds the string and limbs under  tension  until  released.
 The trigger unit of such crossbow must have a working safety. [The mini-
 mum limb width of such crossbow shall be seventeen inches,] THE CROSSBOW
 SHALL have a minimum peak draw weight of one hundred pounds [and a maxi-
 mum peak draw weight of two hundred pounds. The] AND THE minimum overall
 length  of such crossbow from buttstock to front of limbs shall be twen-
 ty-four inches.
   § 7. Subdivision 13 of section 11-0901 of the environmental  conserva-
 tion  law,  as amended by section 23 of part R of chapter 58 of the laws
 of 2013, is amended to read as follows:
   13. Persons engaged in hunting deer and/or  bear  with  a  longbow  OR
 CROSSBOW  must possess a current bowhunting privilege or a valid certif-
 icate of qualification in responsible  bowhunting  practices  issued  or
 honored by the department.
   §  8. Section 11-0903 of the environmental conservation law is amended
 by adding a new subdivision 12 to read as follows:
   12. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  THIS  ARTICLE,  THE
 DEPARTMENT IS AUTHORIZED TO ADOPT REGULATIONS WHICH AUTHORIZE THE TAKING
 OF  WILDLIFE  BY  THE  USE OF CROSSBOW. A SUMMARY OF REGULATIONS ADOPTED
 PURSUANT TO THIS SUBDIVISION SHALL BE PUBLISHED EACH YEAR IN THE HUNTING
 SYLLABUS ISSUED PURSUANT TO SECTION 11-0323 OF THIS ARTICLE.
   § 9. Subdivision 10 of section 11-0907 of the environmental  conserva-
 tion law, as added by section 14 of part EE of chapter 55 of the laws of
 2014, is amended to read as follows:
   10.  Notwithstanding  any  provision  of  this  chapter,  or any prior
 notwithstanding language in this article, the department may,  by  regu-
 lation, authorize the taking of big game by the use of a crossbow by any
 licensed  person in any big game season [in any area designated in items
 (a), (b), (c), (d), (e), (f), (i), (k) and (l) of paragraph a of  subdi-
 vision  two  of  this  section  in  which  a shotgun or muzzle loader is
 permitted provided however, that any crossbow use during an archery-only
 season shall only take place during the last fourteen  consecutive  days
 of  such  archery-only  season  in  the southern zone provided that such
 archery-only season shall consist of not less than forty-five  days  and
 only  during the last ten consecutive days of any archery-only season in
 the northern zone provided that such archery-only season  shall  consist
 of  no  less  than  twenty-three  days.  Any muzzle loading season which
 occurs at the same time as a  special  archery  season  may  only  occur
 during times when crossbows are authorized to be used].
   §  10. Subdivision 1 of section 11-0929 of the environmental conserva-
 tion law, as amended by section 20 of part EE of chapter 55 of the  laws
 of 2014, is amended to read as follows:
   1.  A  licensee  who is twelve or thirteen years of age shall not hunt
 wildlife with a gun, OR A CROSSBOW or a longbow  unless  he  or  she  is
 accompanied by his or her parent or legal guardian, or by a person twen-
 ty-one  years of age or older designated in writing by his or her parent
 or legal guardian on a form prescribed by the department,  who  holds  a
 hunting  license.  [A  licensee  who  is twelve or thirteen years of age
 shall not hunt with a crossbow.]
   § 11. Subparagraph 5 of  paragraph  b  of  subdivision  2  of  section
 11-0929  of  the environmental conservation law is REPEALED and subpara-
 graph 6 of paragraph b of subdivision 2 is renumbered subparagraph 5.

 S. 2508--A                         66                         A. 3008--A
 
   § 12. Section 11-0933 of the environmental conservation law, as  added
 by  section  22 of part EE of chapter 55 of the laws of 2014, is amended
 to read as follows:
 § 11-0933. Taking small game by crossbow.
   Notwithstanding  any  provision of this chapter, or any prior notwith-
 standing language in this article, the department  may,  by  regulation,
 authorize the taking of small game and wild upland game birds by the use
 of  a  crossbow by any licensed person [fourteen years of age or older],
 in any small game season[, in any area designated  in  items  (a),  (b),
 (c),  (d), (e), (f), (i), (k), and (l) of paragraph a of subdivision two
 of section 11-0907 of this title in which a shotgun or muzzle loader  is
 permitted].
   § 13. Subparagraph (i) of paragraph 4 of subdivision (a) of section 83
 of  the state finance law, as amended by section 1 of part AA of chapter
 58 of the laws of 2015, is amended to read as follows:
   (i) There is hereby created a special account within the  conservation
 fund  to be known as the state fish and game trust account to consist of
 all moneys received by the state from  the  sale  of  lifetime  hunting,
 fishing,  and trapping licenses, and lifetime archery and muzzle-loading
 privileges pursuant to section 11-0702 of the environmental conservation
 law except those moneys deposited in the habitat conservation and access
 account pursuant to section eighty-three-a of this  chapter.  The  state
 comptroller  shall  invest  the  moneys in such account in securities as
 defined by  section  ninety-eight-a  of  this  article  OR,  WITHIN  THE
 DISCRETION  OF  THE  COMPTROLLER  TO MAXIMIZE INCOME FOR THE ACCOUNT, IN
 INVESTMENTS AUTHORIZED BY  SECTION  ONE  HUNDRED  SEVENTY-SEVEN  OF  THE
 RETIREMENT  AND SOCIAL SECURITY LAW OR CONSISTENT WITH THE PROVISIONS OF
 SUBDIVISION B OF SECTION THIRTEEN OF THE RETIREMENT AND SOCIAL  SECURITY
 LAW.  Any  income earned by the investment of such moneys, except income
 transferred to the conservation fund pursuant to subparagraph  (iii)  of
 this  paragraph,  shall  be  added to and become a part of, and shall be
 used for the purposes of such account.
   § 14. This act shall take effect immediately.
 
                                  PART Y

   Section 1. Section 27-2701 of the environmental conservation  law,  as
 added  by  chapter 641 of the laws of 2008, subdivision 2 as amended and
 subdivision 7 as added by chapter 481 of the laws of 2014, is amended to
 read as follows:
 § 27-2701. Definitions.
   As used in this title:
   1. "Compostable plastic bag" means a plastic bag  that  at  a  minimum
 meets  the American Society for Testing and Materials standard D6400 for
 compostable plastic, as amended.
   2. "Manufacturer" means the producer of  a  plastic  carryout  bag  or
 OTHER film plastic sold to a store or the manufacturer's agent or broker
 who sold the plastic carryout bag or OTHER film plastic to the store.
   3.  "Operator" means a person in control of, or having daily responsi-
 bility for, the daily operation of a store, which may  include,  but  is
 not limited to, the owner of the store.
   4.  "Plastic carryout bag" means a [plastic] carryout bag MADE OF FILM
 PLASTIC provided by a store to a customer at the point of sale  THAT  IS
 NOT A REUSABLE BAG.
   5.  "Reusable  bag" means A BAG DESIGNED AND MANUFACTURED FOR MULTIPLE
 REUSE THAT:

 S. 2508--A                         67                         A. 3008--A
 
   (a) [a bag] IS EITHER made of [cloth] (I)  HAND  WASHABLE  or  [other]
 machine  washable CLOTH OR fabric [that has handles], INCLUDING WOVEN OR
 NONWOVEN POLYPROPYLENE (PP), POLYETHYLENE-TEREPHTHALATE  (PET),  POLYES-
 TER,  OR  NYLON   FABRIC, AS WELL AS FABRIC BLENDS THAT INCLUDE ANY SUCH
 MATERIALS; or
   [(b)  a durable plastic bag with handles that is specifically designed
 and manufactured for multiple reuse] (II) OTHER NON-FILM PLASTIC  WASHA-
 BLE MATERIAL; AND
   (B)  HAS AT LEAST ONE STRAP OR HANDLE THAT DOES NOT STRETCH AND ALLOWS
 THE BAG TO MEET THE STRENGTH AND DURABILITY STANDARDS PROVIDED IN  PARA-
 GRAPHS (C) AND (D) OF THIS SUBDIVISION;
   (C) HAS A MINIMUM LIFESPAN OF ONE HUNDRED TWENTY-FIVE USES, WITH A USE
 EQUAL  TO  THE  ABILITY  TO  CARRY A MINIMUM OF TWENTY-TWO POUNDS OVER A
 DISTANCE OF AT LEAST ONE HUNDRED SEVENTY-FIVE FEET; AND
   (D) HAS A MINIMUM FABRIC WEIGHT  OF  EIGHTY  GRAMS  PER  SQUARE  METER
 ("GSM")  OR  EQUIVALENT FOR BAGS MADE OF ANY NON-FILM PLASTIC, INCLUDING
 WOVEN OR NONWOVEN POLYPROPYLENE (PP), POLYETHYLENE-TEREPHTHALATE  (PET),
 COTTON, JUTE, OR CANVAS.
   6. "Store" means a retail establishment that [provides] PROVIDES plas-
 tic  carryout bags to its customers as a result of the sale of a product
 OR PROVIDED SUCH BAGS ANY TIME PRIOR TO MARCH FIRST, TWO THOUSAND TWENTY
 and (a) has over ten thousand square feet of retail space, or  (b)  such
 retail  establishment  is  part  of  a chain engaged in the same general
 field of business which operates five or more units of over  five  thou-
 sand  square  feet  of retail space in this state under common ownership
 and management.
   7. "Film plastic" means [uncontaminated non-rigid film plastic packag-
 ing products composed of plastic  resins,  which  include,]  A  FLEXIBLE
 SHEET  OR  SHEETS  OF  PETROLEUM OR NON-PETROLEUM-BASED PLASTIC RESIN OR
 OTHER MATERIAL  COMMONLY  USED  IN  AND  AS  PACKAGING  PRODUCTS,  WHICH
 INCLUDE, but are not limited to, newspaper bags, [dry cleaning bags and]
 GARMENT  BAGS,  shrink-wrap,  BAGS USED TO CARRYOUT AND DELIVER PREPARED
 FOOD AND OTHER PLASTIC OVERWRAP.
   8. "FILM PLASTIC BAG" MEANS A BAG THAT IS MADE OF FILM PLASTIC.
   § 2. Section 27-2703 of the environmental conservation law,  as  added
 by chapter 641 of the laws of 2008 and subdivision 1 as amended by chap-
 ter 481 of the laws of 2014, is amended to read as follows:
 § 27-2703. Store operator responsibilities.
   1.  The  operator  of  a  store  shall establish an at-store recycling
 program pursuant to the provisions of this title that provides an oppor-
 tunity for a customer of the store to return to the store clean  plastic
 carryout bags and OTHER film plastic.
   2. A retail establishment that does not meet the definition of a store
 [and  that  provides  plastic carryout bags to customers at the point of
 sale] may also adopt an at-store recycling program.
   § 3. Section 27-2705 of the environmental conservation law,  as  added
 by  chapter  641  of  the  laws  of  2008 and subdivisions 2, 3 and 4 as
 amended by chapter 481 of the laws  of  2014,  is  amended  to  read  as
 follows:
 § 27-2705. Recycling program requirements.
   An  at-store  recycling  program  provided  by the operator of a store
 shall require:
   1. [a plastic carryout bag provided by the store to  have  printed  or
 displayed  on  the  bag,  in  a  manner visible to a consumer, the words
 "PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Provided, howev-
 er, such store shall be allowed for one year from the effective date  of

 S. 2508--A                         68                         A. 3008--A

 this  subdivision  to use its existing stock of plastic carryout bags. A
 store may also apply to the commissioner for approval of an  alternative
 plastic  bag recycling message. The commissioner shall approve or reject
 the proposed message within forty-five days;
   2.] a collection bin that is visible, easily accessible to the consum-
 er,  and  clearly  marked  that  the collection bin is available for the
 purpose of collecting and recycling plastic carryout bags and OTHER film
 plastic. This subdivision shall apply to stores not within  an  enclosed
 shopping  mall  and stores of at least fifty thousand square feet within
 an enclosed shopping mall. In the case of an enclosed shopping mall, the
 owner of the enclosed mall shall  place  bins  at  reasonable  intervals
 throughout the enclosed mall area;
   [3.]  2. all plastic carryout bags and OTHER film plastic collected by
 the store to be collected, transported and recycled along with any other
 in-store plastic recycling, except for FILM plastic bags  that  are  not
 sufficiently  free  of  foreign  material to enter the recycling stream.
 Plastic carryout bags and OTHER film plastic collected by the  store  or
 the  manufacturer,  which  are  free  of  foreign material, shall not be
 disposed of in any solid waste disposal facility permitted or authorized
 pursuant to title seven of this article;
   [4.] 3. the store or its agent to maintain, for  a  minimum  of  three
 years,  records  describing  the  collection, transport and recycling of
 plastic carryout bags  and  OTHER  film  plastic  collected  by  weight,
 provided  however that stores or its agents may weigh such PLASTIC bags,
 film plastic and any other in-store  plastic  recycling  at  a  regional
 collection  center.  Such records shall be made available to the depart-
 ment upon request, to demonstrate compliance with this title; and
   [5.] 4. the operator of the store to (a) make reusable bags  available
 to customers within the store for purchase, and (b) permit a [reuseable]
 REUSABLE  bag  to  be  used in lieu of a [plastic carryout bag or] paper
 CARRYOUT bag.
   § 4. Section 27-2707 of the environmental conservation law,  as  added
 by chapter 641 of the laws of 2008 and subdivision 1 as amended by chap-
 ter 481 of the laws of 2014, is amended to read as follows:
 § 27-2707. Manufacturer responsibilities.
   1.  When the manufacturer accepts plastic carryout bags and OTHER film
 plastic for return, it or its agent shall maintain,  for  a  minimum  of
 three  years, records describing the collection, transport and recycling
 of plastic carryout bags and OTHER film  plastic  collected  by  weight,
 provided  that  the manufacturer or its agents may weigh such bags, film
 plastic and any other plastic resins at a  regional  collection  center.
 Such  records shall be made available to the department upon request, to
 demonstrate compliance with this title.
   2. Manufacturers of compostable plastic bags sold  to  stores  in  the
 state that are subject to the provisions of this title shall have print-
 ed on the bag, in a manner visible to the consumer, the words "COMPOSTA-
 BLE  BAG -- DO NOT PLACE IN RECYCLING BIN". [Provided however, such bags
 may be sold or distributed for one year from the effective date of  this
 section to use the store's existing stock of compostable bags.]
   § 5. Section 27-2709 of the environmental conservation law, as amended
 by chapter 481 of the laws of 2014, is amended to read as follows:
 § 27-2709. Department responsibility.
   1. The department shall develop educational materials to encourage the
 reduction,  reuse  and recycling of plastic carryout bags and OTHER film
 plastic and shall make those materials available to stores  required  to
 comply with this article.

 S. 2508--A                         69                         A. 3008--A
 
   2. The department shall provide information regarding the availability
 of recycling facilities and companies that recycle FILM plastic bags and
 OTHER  film  plastic,  including the addresses and phone numbers of such
 facilities and companies to stores required to comply with this article.
   § 6. Section 27-2713 of the environmental conservation law, as amended
 by chapter 481 of the laws of 2014, is amended to read as follows:
 § 27-2713. Preemption.
   Jurisdiction  in  all  matters  pertaining to plastic CARRYOUT bag and
 OTHER film plastic recycling is by this article  vested  exclusively  in
 the  state.  Any provision of any local law or ordinance, or any rule or
 regulation promulgated  thereto,  governing  the  recycling  of  plastic
 CARRYOUT  bags  and OTHER film plastic shall, upon the effective date of
 this title, be preempted.   Provided however, nothing  in  this  section
 shall  preclude  a  person  from coordinating for recycling or reuse the
 collection of plastic CARRYOUT bags or OTHER film plastic.
   § 7. Section 27-2801 of the environmental conservation law,  as  added
 by  section 2 of part H of chapter 58 of the laws of 2019, is amended to
 read as follows:
 § 27-2801. Definitions.
   As used in this title:
   1. "Exempt bag" means a bag THAT IS: (a) used  solely  to  contain  or
 wrap  uncooked  meat,  fish,  or  poultry; (b) [bags] used by a customer
 solely to package bulk items such  as  fruits,  vegetables,  grains,  or
 candy;  (c)  [bags]  used  solely  to contain food sliced or prepared to
 order; (d) [bags] used solely to contain a newspaper for delivery  to  a
 subscriber; (e) [bags sold] PREPACKAGED BY THE MANUFACTURER OR DISTRIBU-
 TOR  in  bulk  QUANTITIES AND SOLD to a consumer [at the point of sale];
 (f) SOLD AS A trash [bags] OR YARD WASTE BAG; (g) SOLD AS A food storage
 [bags] BAG; (h) USED AS A garment [bags] BAG;  (i)  [bags]  prepackaged,
 PRELABELED, OR TAGGED AS MERCHANDISE for sale to a customer; (j) A plas-
 tic carryout [bags] BAG provided by a restaurant, tavern or similar food
 service  establishment, as defined in the state sanitary code, to carry-
 out or deliver PREPARED food; [or] (k) [bags] provided by a pharmacy  to
 carry prescription drugs; OR (L) A REUSABLE BAG.
   2.  "Plastic carryout bag" means any plastic bag, other than an exempt
 bag, that is provided to a customer by a person required to collect  tax
 to  be used by the customer to [carry] TRANSPORT tangible personal prop-
 erty, regardless of whether such person required to  collect  tax  sells
 any  tangible  personal property or service to the customer, and regard-
 less of whether any tangible personal property or service sold is exempt
 from tax under article twenty-eight of the tax law.   A BAG  THAT  MEETS
 THE  REQUIREMENTS  OF  A REUSABLE BAG, AS DEFINED IN SUBDIVISION FOUR OF
 THIS SECTION, IS NOT A PLASTIC CARRYOUT BAG.
   3. "Paper carryout bag" means a paper bag, other than an  exempt  bag,
 that is provided to a customer by a person required to collect tax to be
 used  by the customer to carry tangible personal property, regardless of
 whether such person required to collect tax sells any tangible  personal
 property  or  service  to  the  customer,  and regardless of whether any
 tangible personal property or service sold  is  exempt  from  tax  under
 article twenty-eight of the tax law.
   4.  "Reusable  bag" means a bag DESIGNED AND MANUFACTURED FOR MULTIPLE
 REUSE THAT:  (a) IS EITHER made of [cloth] (I) HAND WASHABLE or  [other]
 machine  washable CLOTH OR fabric [that has handles], INCLUDING WOVEN OR
 NONWOVEN POLYPROPYLENE (PP), POLYETHYLENE- TEREPHTHALATE (PET),  POLYES-
 TER,  OR  NYLON FABRIC,   AS WELL AS FABRIC BLENDS THAT INCLUDE ANY SUCH
 MATERIALS; or [(b) a durable  bag  with  handles  that  is  specifically

 S. 2508--A                         70                         A. 3008--A

 designed and manufactured for multiple reuse.] (II) OTHER NON-FILM PLAS-
 TIC WASHABLE MATERIAL; AND
   (B)  HAS AT LEAST ONE STRAP OR HANDLE THAT DOES NOT STRETCH AND ALLOWS
 THE BAG TO MEET THE STRENGTH AND DURABILITY STANDARDS IN PARAGRAPHS  (C)
 AND (D) OF THIS SUBDIVISION;
   (C) HAS A MINIMUM LIFESPAN OF ONE HUNDRED TWENTY-FIVE USES, WITH A USE
 EQUAL  TO  THE  ABILITY  TO  CARRY A MINIMUM OF TWENTY-TWO POUNDS OVER A
 DISTANCE OF AT LEAST ONE HUNDRED SEVENTY-FIVE FEET; AND
   (D) HAS A MINIMUM FABRIC WEIGHT  OF  EIGHTY  GRAMS  PER  SQUARE  METER
 ("GSM")  OR EQUIVALENT FOR BAGS MADE OF ANY NON-FILM PLASTIC,, INCLUDING
 WOVEN OR NONWOVEN POLYPROPYLENE (PP), POLYETHYLENE-TEREPHTHALATE  (PET),
 COTTON, JUTE, OR CANVAS.
   5.  "FILM  PLASTIC"  MEANS  A FLEXIBLE SHEET OR SHEETS OF PETROLEUM OR
 NON-PETROLEUM BASED PLASTIC RESIN OR OTHER  MATERIAL  (NOT  INCLUDING  A
 PAPER  CARRYOUT  BAG)  COMMONLY USED IN AND AS PACKAGING PRODUCTS, WHICH
 INCLUDE, BUT ARE NOT LIMITED TO, NEWSPAPER BAGS, GARMENT  BAGS,  SHRINK-
 WRAP, BAGS USED TO CARRYOUT AND DELIVER PREPARED FOOD, AND OTHER PLASTIC
 OVERWRAP.
   [5.]  6. "Person required to collect tax" means any vendor of tangible
 personal property subject to the  tax  imposed  by  subdivision  (a)  of
 section eleven hundred five of the tax law.
   §  8.  Section 27-2803 of the environmental conservation law, as added
 by section 2 of part H of chapter 58 of the laws of 2019, is amended  to
 read as follows:
 § 27-2803. Plastic carryout bag ban.
   1. No person required to collect tax shall distribute, FOR FREE OR FOR
 SALE,  any  plastic  carryout bags to its customers unless such bags are
 exempt bags as defined in subdivision one of  section  27-2801  of  this
 title.
   2. No person required to collect tax shall prevent a person from using
 a bag of any kind that they have brought for purposes of carrying goods.
   3.  [Nothing  in this section shall be deemed to exempt the provisions
 set forth in title 27 of this article relating to  at  store  recycling]
 ANY  PERSON WHO WAS REQUIRED TO COMPLY WITH THE COLLECTION AND RECYCLING
 REQUIREMENTS IN TITLE 27 OF THIS ARTICLE PRIOR TO MARCH FIRST, TWO THOU-
 SAND TWENTY, INCLUDING THE REQUIREMENT TO MAINTAIN A COLLECTION BIN  FOR
 COLLECTION  AND  RECYCLING PLASTIC CARRYOUT BAGS AND OTHER FILM PLASTIC,
 SHALL CONTINUE TO COMPLY.
   § 9. This act shall take effect immediately.
 
                                  PART Z
 
   Section 1. Part UU of chapter 58 of the laws of 2020, authorizing  the
 county  of  Nassau,  to permanently and temporarily convey certain ease-
 ments and to temporarily alienate certain parklands, is amended to  read
 as follows:
 
                                  PART UU
 
   Section  1.  This  act enacts into law components of legislation which
 are necessary to implement legislation relating to the Bay Park  Convey-
 ance Project.  Each component is wholly contained within a Subpart iden-
 tified  as  Subparts A through C. The effective date for each particular
 provision contained within such Subpart is set forth in the last section
 of such Subpart.   Any provision  in  any  section  contained  within  a
 Subpart,  including  the  effective  date  of the Subpart, which makes a

 S. 2508--A                         71                         A. 3008--A
 
 reference to a section "of this act", when used in connection with  that
 particular  component,  shall  be deemed to mean and refer to the corre-
 sponding section of the Subpart in which it is found. Section  three  of
 this act sets forth the general effective date of this act.
 
                                 SUBPART A
 
   Section  1.  Subject  to  the  provisions  of  this act, the county of
 Nassau, acting by and through the county legislature of such county,  is
 hereby authorized to (a) discontinue permanently the use as parkland the
 subsurface  lands  described in sections [four, five, seven, eight, ten]
 FOUR, SIX, SEVEN and [eleven] TEN of this act  and  establish  permanent
 easements  on  such  lands  for  the purpose of constructing, operating,
 maintaining and repairing a subsurface sewer main, and  (b)  discontinue
 temporarily  the use as parkland the lands described in sections [three,
 six and nine] TWO, FIVE AND EIGHT of this act  and  establish  temporary
 easements  on  such  lands  for the purpose of constructing a subsurface
 sewer main. Authorization  for  the  temporary  easements  described  in
 sections [three, six, and nine] TWO, THREE, FIVE, EIGHT, AND TEN of this
 act  shall  cease  upon the completion of the construction of such sewer
 main, at which time the department of environmental  conservation  shall
 restore  the  surface of the parklands disturbed and the parklands shall
 continue to be used for park purposes as they were prior to  the  estab-
 lishment  of  such  temporary easements. Authorization for the permanent
 easements described in sections [four, five, seven,  eight,  ten]  FOUR,
 SIX,  EIGHT  and [eleven] TEN of this act shall require that the depart-
 ment of environmental conservation restore the surface of the  parklands
 disturbed  and the parklands shall continue to be used for park purposes
 as they were prior to the establishment of the permanent easements.
   [§ 2. The authorization provided in section one of this act  shall  be
 effective  only upon the condition that the county of Nassau dedicate an
 amount equal to or greater than the fair market value of  the  parklands
 being  discontinued  to  the acquisition of new parklands and/or capital
 improvements to existing park and recreational facilities.]
   § [3.] 2. TEMPORARY EASEMENT - Force  main  shaft  construction  area.
 Parkland  upon  and  under which a temporary easement may be established
 pursuant to subdivision (b) of section one of this act is  described  as
 all  that  certain  plot,  piece  or  parcel  of land with buildings and
 improvements thereon erected, situate, lying and being  located  at  Bay
 Park,  Town  of  Hempstead, County of Nassau and State of New York being
 more particularly bounded and described as follows: beginning at a point
 on the northerly line of the Nassau County Sewage Treatment Plant  prop-
 erty,  said  Point  of Beginning being South [68°00'] 68°06'12" East, as
 measured along northerly line of  said  sewage  treatment  plant,  [543]
 535.50  feet  plus or minus, from the intersection of the northerly line
 Nassau County Sewage Treatment Plant with the westerly side  of  Compton
 Street; running thence South [68°00'] 68°06'12" East, along the norther-
 ly line of said sewage treatment plant, [247] 249.60 feet plus or minus;
 thence  South  [07°04']  07°20'58" West [196] 198.58 feet plus or minus;
 thence North [78°37'] 78°30'32" West [33]  35.88  feet  plus  or  minus;
 thence  North  [06°10']  06°10'23"  East [105] 89.20 feet plus or minus;
 thence North [30°53'] 33°17'21" West [56]  78.28  feet  plus  or  minus;
 thence  North  [64°27']  66°13'52" West [190] 173.72 feet plus or minus;
 thence North [20°21'] 19°56'50" East [49] 62.50 feet plus or  minus,  to
 the  northerly  line of the Nassau County Sewage Treatment Plant, at the
 Point of Beginning. Containing within said bounds [19,700] 23,089 square

 S. 2508--A                         72                         A. 3008--A
 
 feet plus or minus. The above described temporary easement  is  for  the
 construction  of  a  [thirty-foot] FIFTY-FOOT diameter access shaft. The
 location of said TEMPORARY access shaft is more  particularly  described
 in section [four] THREE of this act.  Said parcel being part of property
 designated  as  Section: 42 Block:   A Lots: 50, 57 on the Nassau County
 Land and Tax Map.
   § [4.]  3. [PERMANENT] TEMPORARY SUBSURFACE EASEMENT -  Access  shaft.
 Parkland  upon  and  under which a [permanent] TEMPORARY easement may be
 established pursuant to subdivision (a) of section one of  this  act  is
 described  as all that certain plot, piece or parcel of land with build-
 ings and improvements thereon erected, situate, lying and being  located
 at  Bay  Park, Town of Hempstead, County of Nassau and State of New York
 being more particularly bounded and described  as  follows:  a  circular
 easement  with a radius of [15] 25 feet, the center of said circle being
 the following three (3) courses from the intersection of  the  northerly
 line  of the Nassau County Sewage Treatment Plant with the westerly side
 of Compton Street: [running thence] South [68°00'] 68°06'12" East, along
 the northerly line of said sewage treatment  plant,  [581]  573.10  feet
 plus  or  minus  to the centerline of the permanent easement for a force
 main described in section  five  of  this  act;  thence  South  [21°34']
 22°24'56"  West,  along  said centerline, [17] 19.74 feet plus or minus;
 thence South [14°28'] 22°24'56" West, [continuing] along THE  PRODUCTION
 OF  said centerline, [1,439] 5.25 feet [plus or minus], to the center of
 the herein described circular easement.  Containing  within  said  bound
 [707] 1,963 square feet plus or minus.  Said [permanent] TEMPORARY ease-
 ment  is for an access shaft that extends from the surface of the ground
 to an approximate depth of 70 feet. Any permanent  surface  improvements
 for  cathodic  protection,  if necessary, would be flush with the ground
 surface or integrated into site landscaping. Said parcel being  part  of
 property  designated  as Section: 42 Block: A Lots: 50, 57 on the Nassau
 County Land and Tax Map.
   § [5.] 4. PERMANENT SUBSURFACE EASEMENT - Force  main.  Parkland  upon
 and  under  which  a  permanent  easement may be established pursuant to
 subdivision (a) of section one of this act  is  described  as  all  that
 certain  plot,  piece  or parcel of land with buildings and improvements
 thereon erected, situate, lying and being located at Bay Park,  Town  of
 Hempstead,  County  of Nassau and State of New York being a 20-foot wide
 strip of land  more  particularly  bounded  and  described  as  follows:
 [beginning]  BEGINNING  at  a  point on the northerly line of the Nassau
 County Sewage Treatment Plant property, said Point  of  Beginning  being
 South  [68°00'] 68°06'12" East, as measured along northerly line of said
 sewage treatment plant, [571] 563.10 feet plus or minus, from the inter-
 section of the northerly line Nassau County Sewage Treatment Plant  with
 the  westerly  side  of  Compton  Street;  running thence South [68°00']
 68°06'12" East, along the northerly line of said sewage treatment plant,
 20.00 feet plus or minus; thence  South  [21°34']  22°24'56"  West  [17]
 19.15  feet  plus or minus; thence South [14°28'] 14°35'11" West [1,463]
 1446.44 feet plus or minus; thence North [75°32'] 75°24'49"  West  20.00
 feet plus or minus; thence North [14°28'] 14°35'11" East [1,464] 1447.81
 feet plus or minus; thence North [21°34'] 22°24'56" East [18] 20.34 feet
 plus  or minus, to the northerly line of the Nassau County Sewage Treat-
 ment Plant, at the Point of Beginning.  Containing  within  said  bounds
 [29,600]  29,337  square feet. The above described permanent easement is
 for the construction and operation of a six-foot diameter force main  at
 a  minimum  depth  of fifteen feet below the ground surface. Said parcel

 S. 2508--A                         73                         A. 3008--A
 
 being part of property designated as Section: 42 Block: A Lots:  50,  57
 on the Nassau County Land and Tax Map.
   §  [6.]  5.  TEMPORARY  EASEMENT - Force main shaft construction area.
 Parkland upon and under which a temporary easement  may  be  established
 pursuant  to  subdivision (b) of section one of this act is described as
 all that certain plot, piece  or  parcel  of  land  with  buildings  and
 improvements  thereon  erected,  situate, lying and being located at the
 hamlet of Wantagh, Town of Hempstead, County of Nassau and State of  New
 York being more particularly bounded and described as follows: beginning
 at  a  point on the northwesterly line of the herein described temporary
 easement for the force main  shaft  construction  area,  said  Point  of
 Beginning being [more particularly described as commencing at the] NORTH
 44°03'41"  EAST  50.26  FEET PLUS OR MINUS, FROM THE intersection of the
 [southerly side of Sunrise  Highway  Street]  NORTHERLY  LINE  OF  LANDS
 LICENSED TO THE COUNTY OF NASSAU, AS DESCRIBED IN DEED DATED DECEMBER 5,
 1977,  RECORDED ON JANUARY 13, 1978, AT THE NASSAU COUNTY CLERK'S OFFICE
 IN LIBER 9088 OF DEEDS AT PAGE 567, AND AS SHOWN ON MAP ENTITLED DEPART-
 MENT OF PUBLIC WORKS NASSAU COUNTY, N.Y., MAP SHOWING  LANDS  UNDER  THE
 JURISDICTION  OF  THE LONG ISLAND STATE PARK COMMISSION IN WANTAGH STATE
 PARK TO BE LICENSED TO THE COUNTY OF NASSAU FOR  PARK  AND  RECREATIONAL
 PURPOSES  IN THE VICINITY OF WANTAGH, TOWN OF HEMPSTEAD, DATED SEPTEMBER
 1976, AND ON FILE AT THE NEW YORK STATE OFFICE OF PARKS, RECREATION  AND
 HISTORIC PRESERVATION AS MAP NO. 21R-1860-1, with the southeasterly side
 of  Lakeview  Road,  FORMERLY  KNOWN  AS  OLD  MILL ROAD; running thence
 [southerly] along the southeasterly side of Lakeview Road [243 feet plus
 or minus, to the centerline of the], NORTH 44°03'41"  EAST  237.63  FEET
 PLUS  OR  MINUS;  THENCE  SOUTH 50°48'50" EAST 70.10 FEET PLUS OR MINUS;
 THENCE PARTLY THROUGH THE AFOREMENTIONED LANDS LICENSED TO THE COUNTY OF
 NASSAU BY THE STATE OF NEW YORK (LONG  ISLAND  STATE  PARK  COMMISSION),
 SOUTH  43°39'59"  WEST 239.51 FEET; THENCE PARTIALLY THROUGH A permanent
 [subsurface] DRAINAGE easement [for  force  main  described  in  section
 eight  of  this act; thence South 60°06' East, along said centerline, 25
 feet plus or minus, to the northwesterly line of the temporary easement]
 GRANTED FROM THE CITY OF NEW YORK TO THE COUNTY OF NASSAU, AS  SHOWN  ON
 MAP  OF  REAL  PROPERTY  TO  BE  ACQUIRED  for  the  [force  main  shaft
 construction area] IMPROVEMENT OF BELLMORE CREEK FROM WILSON  AVENUE  TO
 LAKEVIEW  ROAD,  FILED  FEBRUARY  8,  1979, AT THE NASSAU COUNTY CLERK'S
 OFFICE AS MAP NO. H-1841, AND ALSO THROUGH THE  AFOREMENTIONED  LICENSED
 LANDS,  NORTH 49°12'28" WEST 71.62 FEET PLUS OR MINUS; TO THE SOUTHEAST-
 ERLY SIDE OF LAKEVIEW ROAD, at the Point of Beginning.  [Running  thence
 North  39°06'  East  111 feet plus or minus; thence South 55°47' East 70
 feet plus or minus; thence South 38°42' West 240  feet  plus  or  minus;
 thence North 54°11' West 72 feet plus or minus; thence North 39°06' East
 127  feet  plus  or minus, to the Point of Beginning.] Containing within
 said bounds [16,900]  16,864  square  feet  plus  or  minus.  The  above
 described  temporary easement is for the construction of a [thirty-foot]
 FORTY-FOUR-FOOT diameter PERMANENT access shaft. The  location  of  said
 PERMANENT access shaft is more particularly described in section [seven]
 SIX  of  this  act.    Said  parcel being part of property designated as
 Section: 56 Block: Y Lot: 259 on the Nassau County Land and Tax Map.
   § [7.] 6. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland  upon
 and  under  which  a  permanent  easement may be established pursuant to
 subdivision (a) of section one of this act  is  described  as  all  that
 certain  plot,  piece  or parcel of land with buildings and improvements
 thereon erected, situate, lying and being located at Hamlet of  Wantagh,
 Town  of  Hempstead,  County  of Nassau and State of New York being more

 S. 2508--A                         74                         A. 3008--A
 
 particularly bounded and described as follows: [a circular easement with
 a radius of 15 feet,] BEGINNING AT A POINT ON the [center] of SOUTHEAST-
 ERLY SIDE OF LAKEVIEW ROAD, said [circle] POINT OF BEGINNING being  [the
 following  two  (2)  courses]  NORTH  44°03'41" EAST 170.39 FEET PLUS OR
 MINUS, from the intersection of the [southerly side of Sunrise  Highway]
 NORTHERLY  LINE  OF LANDS LICENSED TO THE COUNTY OF NASSAU, AS DESCRIBED
 IN DEED DATED DECEMBER 5, 1977, RECORDED ON JANUARY  13,  1978,  AT  THE
 NASSAU  COUNTY CLERK'S OFFICE IN LIBER 9088 OF DEEDS AT PAGE 567, AND AS
 SHOWN ON MAP ENTITLED DEPARTMENT OF PUBLIC WORKS  NASSAU  COUNTY,  N.Y.,
 MAP  SHOWING  LANDS UNDER THE JURISDICTION OF THE LONG ISLAND STATE PARK
 COMMISSION IN WANTAGH STATE PARK TO BE LICENSED TO THE COUNTY OF  NASSAU
 FOR  PARK  AND RECREATIONAL PURPOSES IN THE VICINITY OF WANTAGH, TOWN OF
 HEMPSTEAD, DATED SEPTEMBER 1976, AND ON  FILE  AT  THE  NEW  YORK  STATE
 OFFICE  OF  PARKS,  RECREATION  AND  HISTORIC  PRESERVATION  AS  MAP NO.
 21R-1860-1, with the southeasterly side of Lakeview Road[:   Southerly],
 FORMERLY KNOWN AS OLD MILL ROAD; RUNNING THENCE, along the southeasterly
 side  of Lakeview Road [243 feet plus or minus, to the centerline of the
 permanent subsurface easement for force main, described in section eight
 of this act; South  60°06'  East,  along  said  centerline,  51],  NORTH
 44°03'41"  EAST  25.04  feet plus or minus, to the [center of the herein
 described circular easement.] BEGINNING OF A NON-TANGENT  CURVE;  THENCE
 111.59  FEET  PLUS OR MINUS ALONG SAID NON-TANGENT CIRCULAR CURVE TO THE
 RIGHT THAT HAS A RADIUS OF 22.00 FEET, SUBTENDS AN ANGLE OF  290°37'31",
 AND HAS A CHORD THAT BEARS SOUTH 44°03'41" WEST 25.04 FEET, TO THE POINT
 OF  BEGINNING.  Containing  within  said  bounds a surface area of [707]
 1,454 square feet plus or minus.  Said  permanent  easement  is  for  an
 access  shaft that extends from the surface of the ground to an approxi-
 mate depth of 70 feet.   THE PERMANENT  EASEMENT  ALLOWS  VEHICULAR  AND
 PERSONNEL ACCESS TO THE SHAFT AND WITHIN THE SHAFT FOR INSPECTION, MAIN-
 TENANCE,  REPAIR  AND RECONSTRUCTION. Any permanent surface improvements
 FOR A MANHOLE OR for cathodic protection, if necessary, would  be  flush
 with the ground surface or integrated into site landscaping. Said parcel
 being  part  of  property designated as Section: 56 Block: Y Lot: 259 on
 the Nassau County Land and Tax Map.
   § [8.] 7. PERMANENT SUBSURFACE EASEMENT - Force  main.  Parkland  upon
 and  under  which  a  permanent  easement may be established pursuant to
 subdivision (a) of section one of this act  is  described  as  all  that
 certain  plot,  piece  or parcel of land with buildings and improvements
 thereon erected, situate, lying and  being  located  at  the  Hamlet  of
 Wantagh, Town of Hempstead, County of Nassau and State of New York being
 a  20-foot wide strip of land more particularly bounded and described as
 follows: [beginning at a point on the  southeasterly  side  of  Lakeview
 Road,  said  Point  of  Beginning  being  southwesterly 222 feet plus or
 minus, as measured along the southeasterly side of  Lakeview  Road  from
 the  intersection  of  the  southerly  side  of Sunrise Highway with the
 southeasterly side of Lakeview Road; thence South 60°06'  East  49  feet
 plus or minus; thence South 32°15' East 1,759 feet plus or minus; thence
 South  16°16' West 53 feet plus or minus; thence North 32°15' West 1,785
 feet plus or minus; thence North 60°06' West 53 feet plus or  minus,  to
 the southeasterly side of Lakeview Road; thence North 48°13' East, along
 the  southeasterly  side of Lakeview Road, 42 feet plus or minus, to the
 Point of Beginning. Containing within said  bounds  72,900  square  feet
 plus  or  minus.] BEGINNING AT THE INTERSECTION OF THE SOUTHERLY SIDE OF
 THE WANTAGH STATE PARKWAY, ALSO BEING THE SAME AS THE SOUTHERLY LINE  OF
 A PERMANENT EASEMENT GRANTED BY THE STATE OF NEW YORK (LONG ISLAND STATE
 PARK  COMMISSION) TO THE TOWN OF HEMPSTEAD FOR HIGHWAY PURPOSES SHOWN AS

 S. 2508--A                         75                         A. 3008--A
 
 PARCEL E ON MAP NO. 21R-1651, DATED SEPTEMBER 30, 1935 AND  ON  FILE  AT
 THE  NEW  YORK  STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVA-
 TION, WITH THE EASTERLY SIDE OF LINDEN STREET, ALSO BEING  THE  WESTERLY
 SIDE OF WANTAGH STATE PARKWAY; RUNNING THENCE SOUTH 87°54'31" WEST 16.42
 FEET  PLUS OR MINUS, ALONG THE SOUTHERLY SIDE OF THE WANTAGH STATE PARK-
 WAY; THENCE THROUGH THE AFOREMENTIONED EASEMENT,  NORTH  49°40'30"  WEST
 172.07  FEET  PLUS  OR MINUS; THENCE PARTIALLY THROUGH LANDS LICENSED TO
 THE COUNTY OF NASSAU BY THE STATE OF NEW YORK (LONG  ISLAND  STATE  PARK
 COMMISSION),  AS  DESCRIBED  IN DEED DATED DECEMBER 5, 1977, RECORDED ON
 JANUARY 13, 1978, AT THE NASSAU COUNTY CLERK'S OFFICE IN LIBER  9088  OF
 DEEDS  AT  PAGE  567, ALSO AS SHOWN ON MAP ENTITLED DEPARTMENT OF PUBLIC
 WORKS NASSAU COUNTY, N.Y., MAP SHOWING LANDS UNDER THE  JURISDICTION  OF
 THE  LONG  ISLAND  STATE  PARK  COMMISSION  IN  WANTAGH STATE PARK TO BE
 LICENSED TO THE COUNTY OF NASSAU FOR PARK AND RECREATIONAL  PURPOSES  IN
 THE VICINITY OF WANTAGH, TOWN OF HEMPSTEAD, DATED SEPTEMBER 1976, AND ON
 FILE  AT  THE  NEW  YORK  STATE OFFICE OF PARKS, RECREATION AND HISTORIC
 PRESERVATION AS MAP NO.  21R-1860-1, NORTH 32°14'44" WEST 1,935.06 FEET;
 THENCE NORTH 60°00'15" WEST 18.68 FEET PLUS OR MINUS, TO THE  SOUTHEAST-
 ERLY SIDE OF LAKEVIEW ROAD; THENCE ALONG THE SOUTHEASTERLY SIDE OF LAKE-
 VIEW  ROAD,  NORTH 44°03'41" EAST 20.62 FEET PLUS OR MINUS; THENCE SOUTH
 60°00'15" EAST 18.61 FEET PLUS OR MINUS; THENCE  THROUGH  THE  AFOREMEN-
 TIONED  LICENSED LANDS, SOUTH 32°14'44" EAST 1,936.94 FEET; THENCE SOUTH
 49°40'30" EAST 294.48 FEET PLUS OR MINUS, TO THE WESTERLY  SIDE  OF  THE
 WANTAGH  STATE  PARKWAY,  ALSO  BEING  THE  SAME AS THE EASTERLY SIDE OF
 LINDEN STREET; THENCE NORTHWESTERLY  ALONG  THE  WESTERLY  SIDE  OF  THE
 WANTAGH  STATE  PARKWAY,  BEING ALSO THE EASTERLY SIDE OF LINDEN STREET,
 113.74 FEET PLUS OR MINUS ALONG THE ARC OF A NON-TANGENT CURVE,  BEARING
 TO  THE  LEFT,  HAVING  A  RADIUS OF 1,233.00', A CHORD THAT BEARS NORTH
 54°10'34" WEST 113.70 FEET PLUS OR MINUS, TO THE SOUTHERLY SIDE  OF  THE
 WANTAGH  STATE  PARKWAY,  AT  THE POINT OF BEGINNING.  CONTAINING WITHIN
 SAID BOUNDS 43,088 SQUARE FEET PLUS OR MINUS. The above described perma-
 nent easement is for the construction and operation of a six-foot  diam-
 eter  force  main  at  a  minimum depth of fifteen feet below the ground
 surface. Said parcel being part of property designated  as  Section:  56
 Block: Y Lots: 259 on the Nassau County Land and Tax Map.
   §  [9.]  8.  TEMPORARY  EASEMENT - Force main shaft construction area.
 Parkland upon and under which a temporary easement  may  be  established
 pursuant  to  subdivision (b) of section one of this act is described as
 all that certain plot, piece  or  parcel  of  land  with  buildings  and
 improvements  thereon  erected,  situate, lying and being located at the
 hamlet of Wantagh, Town of Hempstead, County of Nassau and State of  New
 York  being  more particularly bounded and described as follows: [begin-
 ning] BEGINNING at a point on the northerly line of the herein described
 temporary easement for [the force main shaft] construction [area]  STAG-
 ING,  said  Point  of  Beginning  being  more  particularly described as
 commencing at the intersection of the southerly  side  of  Byron  Street
 with  the  easterly  side of Wantagh Parkway; running thence [southerly]
 SOUTH 02°05'40" EAST, along the easterly side of Wantagh Parkway  [319],
 392.77 feet plus or minus, to the centerline of the permanent subsurface
 easement  for force main, described in section [eleven] TEN of this act;
 thence South [19°15']  19°14'42"  East,  along  said  centerline,  [257]
 166.40  feet plus or minus, to the northerly line of the temporary ease-
 ment for [the force main shaft]  construction  [area]  STAGING,  at  the
 Point  of Beginning. Running thence North [87°25'] 87°24'47" East 122.41
 feet plus or minus; thence [south  33°56']  SOUTH  33°56'04"  East  [68]
 67.89 feet plus or minus; thence South [04°43'] 04°43'16 East [54] 53.69

 S. 2508--A                         76                         A. 3008--A
 
 feet  plus or minus; thence South [86°38'] 86°37'33 West 78.30 feet plus
 or minus; thence South [02°20'] 02°20'25 East 83.22 feet plus or  minus;
 thence  South  [47°04']  47°03'34" West [103] 102.51 feet plus or minus;
 thence  South  [86°22']  86°22'25"  West  [28] 27.76 feet plus or minus;
 thence North [08°39'] 07°01'12" West [264] 263.59 feet  plus  or  minus;
 thence  North  [87°25'] 87°24'47" East [53] 45.17 feet plus or minus, to
 the Point of Beginning. Containing within said  bounds  [36,500]  35,505
 square feet plus or minus. The above described temporary easement is for
 the  construction  of  a  [thirty-foot]  FORTY-FOUR-FOOT diameter access
 shaft. The location of said TEMPORARY access shaft is more  particularly
 described in section ten of this act. Said parcel being part of property
 designated  as  Section:  63  Block: 261 Lots: 765G, 765H, 818A (Part of
 Cedar Creek Park) on the Nassau County Land and Tax Map.
   § [10.] 9. [PERMANENT] TEMPORARY SUBSURFACE EASEMENT -  Access  shaft.
 Parkland  upon  and  under which a permanent easement may be established
 pursuant to subdivision (a) of section one of this act is  described  as
 all  that  certain  plot,  piece  or  parcel  of land with buildings and
 improvements thereon erected, situate, lying and being located at Hamlet
 of Wantagh, Town of Hempstead, County of Nassau and State  of  New  York
 being  more  particularly  bounded  and described as follows: a circular
 easement with a radius of [15] 22 feet, the center of said circle  being
 the  following  two  (2)  courses from the intersection of the southerly
 side of Byron Street with the easterly side of Wantagh Parkway:  [South-
 erly]  SOUTH  02°05'40"  EAST along the easterly side of Wantagh Parkway
 [319], 392.77 feet plus or minus, to the  centerline  of  the  permanent
 subsurface easement for force main, described in section [eleven] TEN of
 this  act;  thence South [19°15'] 19°14'42" East, along said centerline,
 [315] 224.60 feet plus or minus, to the center of the  herein  described
 circular easement. Containing within said bounds a surface area of [707]
 1,521  square feet plus or minus. Said [permanent] TEMPORARY easement is
 for an access shaft that extends from the surface of the  ground  to  an
 approximate  depth  of  70  feet. Any permanent surface improvements for
 cathodic protection, if  necessary,  would  be  flush  with  the  ground
 surface  or  integrated into site landscaping. Said parcel being part of
 property designated as Section: 63 Block: 261  Lots:  765G,  765H,  818A
 (Part of Cedar Creek Park) on the Nassau County Land and Tax Map.
   §  [11.] 10. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon
 and under which a permanent easement  may  be  established  pursuant  to
 subdivision  (a)  of  section  one  of this act is described as all that
 certain plot, piece or parcel of land with  buildings  and  improvements
 thereon  erected,  situate,  lying  and  being  located at the Hamlet of
 Wantagh, Town of Hempstead, County of Nassau and State of New York being
 a 20-foot wide strip of land more particularly bounded and described  as
 follows:  beginning at a point on the easterly side of THE Wantagh STATE
 Parkway, said Point of Beginning being [southerly 285]  SOUTH  02°05'40"
 EAST  358.86 feet plus or minus[, as measured along the easterly side of
 Wantagh Parkway] from the intersection of the southerly  side  of  Byron
 Street  with  the easterly side of Wantagh Parkway; running thence South
 [19°15'] 19°14'42" East [349] 258.49 feet plus or  minus;  thence  South
 [02°17']  02°16'58"  East  [1,882]  1,725.93  feet plus or minus; thence
 [South 09°25' East 1,202]  SOUTHWESTERLY  43.40  feet  plus  or  minus[;
 thence South 80°35'] ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADI-
 US OF 1,075.00 FEET AND A CHORD THAT BEARS SOUTH 25°09'48" West [20 feet
 plus or minus; thence North 09°25' West 1,203] 43.39 feet plus or minus;
 thence  North  [02°17']  02°16'58"  West  [1,880]  1,761.45 feet plus or
 minus; thence North [19°15'] 19°14'42" West [281] 190.70  feet  plus  or

 S. 2508--A                         77                         A. 3008--A
 
 minus,  to  the  easterly side of Wantagh Parkway; thence North [02°09']
 02°05'40" West, along the easterly side of Wantagh Parkway,  [68]  67.82
 feet  plus  or  minus, to the Point of Beginning. Containing within said
 bounds  [68,000]  39,359  square feet plus or minus. The above described
 permanent easement is for the construction and operation of  a  six-foot
 diameter  force main at a minimum depth of fifteen feet below the ground
 surface. Said parcel being part of property designated  as  Section:  63
 Block:  261  Lots:  765G,  818A (Part of Cedar Creek Park) on the Nassau
 County Land and Tax Map.
   § [12.] 11. Should the lands described in sections [four, five, seven,
 eight, ten] FOUR, SIX, SEVEN and [eleven] TEN of this act  cease  to  be
 used  for  the purposes described in section one of this act, the perma-
 nent easements established pursuant to section one  of  this  act  shall
 cease and such lands shall be restored and dedicated as parklands.
   §  [13.] 12. In the event that the county of Nassau received any fund-
 ing support or assistance from the federal government for the  purchase,
 maintenance,  or  improvement  of  the  parklands  set forth in sections
 [three] TWO through [eleven] TEN of this  act,  the  discontinuance  and
 alienation  of  such  parklands authorized by the provisions of this act
 shall not occur until the county of Nassau has complied with any  appli-
 cable federal requirements pertaining to the alienation or conversion of
 parklands,  including  satisfying the secretary of the interior that the
 alienation or conversion complies with all conditions which  the  secre-
 tary of the interior deems necessary to assure the substitution of other
 lands  shall  be  equivalent  in fair market value and usefulness to the
 lands being alienated or converted.
   § [14.] 13. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section 1. Subject to the provisions of this act, the village of  East
 Rockaway,  in  the  county  of Nassau, acting by and through the village
 board of such village, is hereby authorized to  (a)  discontinue  perma-
 nently  the  use  as parkland the subsurface lands described in sections
 [four] THREE and [five] FOUR of this act and to  grant  permanent  ease-
 ments on such lands to the State of New York or county of Nassau for the
 purpose  of constructing, operating, maintaining and repairing a subsur-
 face sewer main, and (b) discontinue temporarily the use as parkland the
 lands described in section [three] TWO of this act and  grant  temporary
 easements  on  such  lands  to  the  county of Nassau for the purpose of
 constructing a subsurface sewer main.  Authorization for  the  temporary
 easement  described  in section [three] TWO of this act shall cease upon
 the completion of the construction of the sewer main, at which time  the
 department  of  environmental  conservation shall restore the surface of
 the parklands disturbed and the parklands shall continue to be used  for
 park purposes as they were prior to the grant of the temporary easement.
 Authorization  for  the permanent easements described in sections [four]
 THREE and [five] FOUR of this act shall require that the  department  of
 environmental   conservation   restore  the  surface  of  the  parklands
 disturbed and the parklands shall continue to be used for park  purposes
 as they were prior to the establishment of the permanent easements.
   [§  2.  The authorization provided in section one of this act shall be
 effective only upon the condition that  the  village  of  East  Rockaway
 dedicate an amount equal to or greater than the fair market value of the
 parklands  being discontinued to the acquisition of new parklands and/or
 capital improvements to existing park and recreational facilities.]

 S. 2508--A                         78                         A. 3008--A
 
   § [3.] 2. TEMPORARY EASEMENT - Force  Main  Shaft  Construction  Area.
 Parkland upon and under which a temporary easement may be granted pursu-
 ant  to  subdivision  (b)  of  section  one  of this act is described as
 follows: all that certain plot, piece or parcel of land  with  buildings
 and  improvements  thereon  erected, situate, lying and being located at
 Incorporated Village of East Rockaway, and the Hamlet of Oceanside, Town
 of Hempstead, County of Nassau and State of New York being more  partic-
 ularly  bounded  and  described as follows:   [beginning] BEGINNING at a
 point on the westerly line of the herein  described  temporary  easement
 for  the  force  main  shaft  construction area, said Point of Beginning
 being more particularly described as commencing at the [intersection  of
 the  northeasterly  side  of  Long Island Railroad right-of-way with the
 easterly side of Ocean Avenue; running thence North 12°34'  East,  along
 the  easterly side of Ocean Avenue, 92 feet plus or minus, to the north-
 erly line] NORTHEAST CORNER of property [designated as Section 38  Block
 E  Lot  14, on the] DESCRIBED IN DEED DATED SEPTEMBER 16, 1964 FROM MARY
 T. CARETTO TO  THE  INCORPORATED  VILLAGE  OF  EAST  ROCKAWAY,  RECORDED
 SEPTEMBER  18,  1964  AT  THE  Nassau County [Land and Tax Map;] CLERK'S
 OFFICE IN LIBER 7317 OF DEEDS AT PAGE 494, RUNNING thence South [74°46']
 76°23'40" East, [partly along said northerly line, 206] ON THE NORTHERLY
 PROPERTY LINE PRODUCED, OF PROPERTY DESCRIBED  IN  THE  AFORESAID  LIBER
 7317  PAGE  494, A DISTANCE OF 53.41 feet plus or minus, to the westerly
 line of the HEREIN DESCRIBED  temporary  easement[,]  at  the  Point  of
 Beginning.  Running thence North [15°34'] 14°03'08" East [49] 42.21 feet
 plus or minus; thence South [67°33'] 67°25'43" East  [238]  237.47  feet
 plus or minus; thence South [07°07'] 04°13'09" West [31] 35.58 feet plus
 or minus; thence South [86°06'] 86°58'21" West [161] 165.83 feet plus or
 minus;  thence  South [64°59'] 64°59'21" West [117] 106.15 feet [plus or
 minus]; thence North [15°34'] 14°03'08" East [140] 143.63 feet  plus  or
 minus,  to  the  Point  of  Beginning.    Containing  within said bounds
 [23,000] 23,103 square feet plus or minus. The above described temporary
 easement is for the  construction  of  a  [thirty-foot]  FORTY-FOUR-FOOT
 diameter  access  shaft.  The location of said PERMANENT access shaft is
 more particularly described in section [four] THREE of  this  act.  Said
 parcel being part of property designated as Section: 38, Block: E, Lots:
 12, 14, 21A, 21B on the Nassau County Land and Tax Map.
   §  [4.] 3. PERMANENT SUBSURFACE EASEMENT - Access Shaft. Parkland upon
 and under which a permanent easement may be granted pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located  at  Incorporated  Village  of
 East Rockaway, and the Hamlet of Oceanside, Town of Hempstead, County of
 Nassau  and  State  of  New  York  being  more  particularly bounded and
 described as follows: a circular easement with a radius of [15] 22 feet,
 the center of said circle being the following [three (3)] TWO (2) cours-
 es from the [intersection of the northeasterly side of Long Island Rail-
 road right-of-way with the easterly side of Ocean Avenue;  North  12°34'
 East, along the easterly side of Ocean Avenue, 92 feet plus or minus, to
 the  northerly line] NORTHEAST CORNER of property [designated as Section
 38 Block E Lot 14 on the] DESCRIBED IN DEED  DATED  SEPTEMBER  16,  1964
 FROM  MARY  T.  CARETTO  TO  THE  INCORPORATED VILLAGE OF EAST ROCKAWAY,
 RECORDED SEPTEMBER 18, 1964 AT THE Nassau  County  [Land  and  Tax  Map]
 CLERK'S  OFFICE  IN  LIBER  7317  OF  DEEDS  AT PAGE 494; South [74°46']
 76°23'40" East, [partly along] ON the [said] northerly  PROPERTY  line[,
 333]  PRODUCED,  OF  PROPERTY DESCRIBED IN THE AFORESAID LIBER 7317 PAGE
 494, A DISTANCE OF 185.51 feet plus or minus[,]; to  the  centerline  of

 S. 2508--A                         79                         A. 3008--A
 
 the  PERMANENT  subsurface easement for force main, described in section
 [five] FOUR of this act; thence [South 19°04' West,] along said EASEMENT
 centerline[, 16] SOUTH 19°04'18" WEST 22.47 feet plus or minus,  to  the
 center of the herein described circular easement. Containing within said
 bounds  a  surface  area  of [707] 1,521 square feet plus or minus. Said
 permanent easement is for an access shaft that extends from the  surface
 of  the  ground to an approximate depth of 70 feet.  THE PERMANENT EASE-
 MENT ALLOWS VEHICULAR AND PERSONNEL ACCESS TO THE SHAFT AND  WITHIN  THE
 SHAFT FOR INSPECTION, MAINTENANCE, REPAIR AND RECONSTRUCTION. Any perma-
 nent  surface  improvements FOR A MANHOLE OR for cathodic protection, if
 necessary, would be flush with the ground  surface  or  integrated  into
 site  landscaping.  Said  parcel  being  part  of property designated as
 Section: 38, Block: E, Lots: 12, 14, 21A, 21B on the Nassau County  Land
 and Tax Map.
   §  [5.]  4.  PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon
 and under which a permanent easement may be granted pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located  at  Incorporated  Village  of
 East  Rockaway,  and the Hamlet of Oceanside, County of Nassau and State
 of New York being a 20-foot wide strip of land more particularly bounded
 and described as follows:  [beginning]  BEGINNING  at  a  point  on  the
 westerly  line  of  the  herein described permanent subsurface easement,
 said Point of Beginning being more particularly described as  commencing
 at  the  [intersection of the northeasterly side of Long Island Railroad
 right-of-way with the easterly side  of  Ocean  Avenue;  running  thence
 North 12°34' East, along the easterly side of Ocean Avenue, 92 feet plus
 or  minus,  to  the northerly line] NORTHEAST CORNER of property [desig-
 nated as Section 38 Block E Lot 14  on  the]  DESCRIBED  IN  DEED  DATED
 SEPTEMBER  16,  1964 FROM MARY T. CARETTO TO THE INCORPORATED VILLAGE OF
 EAST ROCKAWAY, RECORDED SEPTEMBER 18, 1964 AT THE  Nassau  County  [Land
 and  Tax Map; thence] CLERK'S OFFICE IN LIBER 7317 OF DEEDS AT PAGE 494;
 RUNNING THENCE South [74°46'] 76°23'40"  East,  [partly  along]  ON  the
 [said] northerly PROPERTY line[, 323] PRODUCED, OF PROPERTY DESCRIBED IN
 THE  AFORESAID  LIBER  7317  PAGE 494, A DISTANCE OF 175.47 feet plus or
 minus, to the westerly line of the HEREIN DESCRIBED permanent  easement,
 at the Point of Beginning.  Running thence North [19°04'] 19°04'18" East
 [73] 31.11 feet plus or minus, to the [northerly line of property desig-
 nated  as  Section  38 Block E Lot 21A on the Nassau County Land and Tax
 Map] SOUTHERLY SIDE OF MILL RIVER; thence South [60°10'] 67°42'35" East,
 along [said northerly line] THE SOUTHERLY SIDE OF MILL RIVER, [20] 20.03
 feet plus or minus; thence South [19°04'] 19°04'18" West [82] 48.37 feet
 plus or minus; thence South [15°40'] 15°40'03"  East  [116]  55.00  feet
 plus  or  minus,  to the [south line] NORTHERLY SIDE of [property desig-
 nated as Section 38 Block E Lot 21A on the Nassau County  Land  and  Tax
 Map]  MILL  RIVER;  thence North [88°09'] 84°40'35" West [21], ALONG THE
 NORTHERLY SIDE OF MILL RIVER, 20.33 feet plus  or  minus;  thence  North
 [15°40']  15°40'03"  West  [116]  57.60 feet plus or minus; thence North
 [19°04'] 19°04'18" East [19] 24.64 feet plus or minus, to the  Point  of
 Beginning.  Containing within said bounds [4,100] 2,167 square feet plus
 or minus. The above described permanent easement is for the construction
 and operation of a six-foot diameter force main at a  minimum  depth  of
 fifteen feet below the ground surface. Said parcel being part of proper-
 ty  designated  as  Section: 38, Block: E, Lots: 12, 14, 21A, 21B on the
 Nassau County Land and Tax Map.

 S. 2508--A                         80                         A. 3008--A

   § [6.] 5. Should the lands described  in  sections  [four]  THREE  and
 [five]  FOUR  of this act cease to be used for the purposes described in
 section one of this act, the permanent easements established pursuant to
 section one of this act shall cease and such lands shall be restored and
 dedicated as parklands.
   §  [7.] 6. In the event that the village of East Rockaway received any
 funding support or  assistance  from  the  federal  government  for  the
 purchase,  maintenance,  or  improvement  of  the parklands set forth in
 sections [three] TWO through [five] FOUR of this act, the discontinuance
 and alienation of such parklands authorized by the  provisions  of  this
 act shall not occur until the village of East Rockaway has complied with
 any  applicable  federal  requirements  pertaining  to the alienation or
 conversion of parklands, including satisfying the secretary of the inte-
 rior that the alienation or  conversion  complies  with  all  conditions
 which  the  secretary  of  the  interior  deems  necessary to assure the
 substitution of other lands shall be equivalent in fair market value and
 usefulness to the lands being alienated or converted.
   § [8.] 7. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section 1. Subject to the provisions of this act, the village of Rock-
 ville Centre, in the county of Nassau, acting by and through the village
 board of such village, is hereby authorized to  (a)  discontinue  perma-
 nently  the  use  as parkland the subsurface lands described in sections
 [three, four] TWO and [six] FIVE of this  act  and  to  grant  permanent
 easements on such lands to the State of New York or county of Nassau for
 the  purpose  of  constructing,  operating,  maintaining and repairing a
 subsurface sewer main, and (b) discontinue temporarily the use as  park-
 land  the lands described in sections [five] THREE, FOUR and [seven] SIX
 of this act and grant temporary easements on such lands to the county of
 Nassau for the purpose of constructing a subsurface sewer main.  Author-
 ization for the temporary easements described in sections [five]  THREE,
 FOUR  and [seven] SIX of this act shall cease upon the completion of the
 construction of the sewer main, at which time the department of environ-
 mental conservation shall restore the surface of the parklands disturbed
 and the parklands shall continue to be used for park  purposes  as  they
 were  prior  to  the grant of the temporary easements. Authorization for
 the permanent easements described in  sections  [three,  four]  TWO  and
 [six]  FIVE  of  this  act shall require that the department of environ-
 mental conservation restore the surface of the parklands  disturbed  and
 the  parklands  shall continue to be used for park purposes as they were
 prior to the establishment of the permanent easements.
   [§ 2. The authorization provided in section one of this act  shall  be
 effective  only  upon the condition that the village of Rockville Centre
 dedicate an amount equal to or greater than the fair market value of the
 parklands being discontinued to the acquisition of new parklands  and/or
 capital improvements to existing park and recreational facilities.]
   §  [3.]  2.  PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon
 and under which a permanent easement  may  be  established  pursuant  to
 subdivision  (a)  of  section  one  of this act is described as all that
 certain plot, piece or parcel of land with  buildings  and  improvements
 thereon  erected,  situate,  lying  and  being  located  at Incorporated
 Village of East Rockaway, and  the  Incorporated  Village  of  Rockville
 Centre, Town of Hempstead, County of Nassau and State of New York, being
 a  20-foot wide strip of land more particularly bounded and described as

 S. 2508--A                         81                         A. 3008--A
 
 follows: [the] BEGINNING AT A POINT ON THE NORTHERLY SIDE OF MILL  RIVER
 AVENUE,  SAID  Point  of  Beginning  being [at] SOUTH 74°20'24" EAST, AS
 MEASURED ALONG THE NORTHERLY SIDE OF MILL RIVER AVENUE, 60.73 FEET  PLUS
 OR  MINUS  FROM  the  intersection  of  the northerly side of Mill River
 Avenue with the easterly side of Riverside Road; running thence  [north-
 erly  along  the easterly side of Riverside Road 346 feet plus or minus;
 thence South 13°01' West 346] NORTH 10°26'55" EAST 461.31 feet  plus  or
 minus,  to  the  [northerly]  SOUTHERLY  side of [Mill River] SOUTH PARK
 Avenue; thence [westerly] along the [northerly] SOUTHERLY side of  [Mill
 River]  SOUTH  PARK Avenue, [17] SOUTH 79°11'54" EAST 20.00 FEET PLUS OR
 MINUS, THENCE SOUTH 10°26'55" WEST 463.01 feet plus  or  minus,  to  the
 [easterly  side  of  Riverside  Road,  at]  NORTHERLY SIDE OF MILL RIVER
 AVENUE, THENCE ALONG THE NORTHERLY SIDE  OF  MILL  RIVER  AVENUE,  NORTH
 74°20'24"  WEST  20.08  FEET  PLUS  OR MINUS, TO the Point of Beginning.
 Containing within said bounds [3,100] 9,243 square feet plus  or  minus.
 The above described permanent easement is for the construction and oper-
 ation  of  a  six-foot diameter force main at a minimum depth of fifteen
 feet below the ground surface. Said parcel being part of property desig-
 nated as Section: 38 Block: 136 Lots: 231 on the Nassau County Land  and
 Tax Map.
   §  [4.]  3.  [PERMANENT] TEMPORARY SUBSURFACE EASEMENT - Access Shaft.
 Parkland upon and under which a [permanent] TEMPORARY  easement  may  be
 established  pursuant  to  subdivision (a) of section one of this act is
 described as all that certain plot, piece or parcel of land with  build-
 ings  and improvements thereon erected, situate, lying and being located
 at Incorporated Village of Rockville  Centre,  Incorporated  Village  of
 East  Rockaway, and Incorporated Village of Lynbrook, Town of Hempstead,
 County of Nassau and State of New York being more  particularly  bounded
 and  described as a circular easement with a radius of [15] 22 feet, the
 center of said circle being the  following  two  (2)  courses  from  the
 intersection of the northerly side of SOUTH Park Avenue with the easter-
 ly side of [Oxford] CHESTER Road: [Easterly] SOUTH 79°24'16" EAST, along
 the  northerly  side  of  SOUTH  Park  Avenue, [203] 247.33 feet plus or
 minus, to the centerline of the permanent subsurface easement for  force
 main  described  in  section  [six]  FIVE  of  this  act; North [13°01']
 10°26'55" East, along said centerline, [953] 953.71 feet plus or  minus,
 to  the  center  of  the herein described circular easement.  Containing
 within said bounds a surface area of [707] 1,521  square  feet  plus  or
 minus.  Said  [permanent] TEMPORARY easement is for an access shaft that
 extends from the surface of the ground to an  approximate  depth  of  70
 feet.  Any  permanent  surface  improvements for cathodic protection, if
 necessary, would be flush with the ground  surface  or  integrated  into
 site  landscaping.  Said  parcel  being  part  of property designated as
 Section: 38 Block: F [Lots: 39-42, 50C,]  LOT:  50F  [and  Section:  38,
 Block: T, Lots: 50A, 50B, 50C] on the Nassau County Land and Tax Map.
   §  [5.]  4.  TEMPORARY  EASEMENT - Force Main Shaft Construction Area.
 Parkland upon and under which a temporary easement  may  be  established
 pursuant  to  subdivision (b) of section one of this act is described as
 all that certain plot, piece  or  parcel  of  land  with  buildings  and
 improvements thereon erected, situate, lying and being located at Incor-
 porated Village of Rockville Centre, Incorporated Village of East Rocka-
 way,  and Incorporated Village of Lynbrook, Town of Hempstead, County of
 Nassau and State  of  New  York  being  more  particularly  bounded  and
 described  as follows: Beginning at a point on the southerly side of the
 herein  described  temporary  easement  for  [the  force   main   shaft]
 construction  [area] STAGING, said Point of Beginning being more partic-

 S. 2508--A                         82                         A. 3008--A
 
 ularly described as commencing at the intersection of the northerly side
 of SOUTH Park Avenue with the easterly side of  [Oxford]  CHESTER  Road;
 running thence [easterly] SOUTH 79°24'16" EAST, along the northerly side
 of SOUTH Park Avenue, [203] 247.33 feet plus or minus, to the centerline
 of the permanent subsurface easement for force main described in section
 [six] FIVE of this act; thence North [13°01'] 10°26'55" East, along said
 centerline,  [920]  920.41  feet plus or minus, to the southerly line of
 the temporary easement, at the Point of Beginning. Running thence  North
 [76°19']  76°19'09" West [136 feet plus or minus, to the easterly termi-
 nus of Merton Avenue (unopened); thence North 76°19' West,  through  the
 unopened  part  of  Merton Avenue, 48] 185.92 feet plus or minus; thence
 North [14°49'] 14°49'03" East [5' feet plus or minus, to  the  northerly
 side  of Merton Avenue; thence North 14°49' East 27'] 31.83 feet plus or
 minus; thence South [76°29'] 76°28'34" East  [66]  65.98  feet  plus  or
 minus;  thence  North  [36°47']  36°46'43"  East [61] 60.84 feet plus or
 minus; thence North [78°41'] 78°41'29" East [145] 145.19  feet  plus  or
 minus;  thence  South  [65°54']  65°54'19"  East [46] 45.62 feet plus or
 minus; thence South [29°39'] 29°38'55" WEST 146.71 FEET PLUS  OR  MINUS;
 THENCE NORTH 76°19'09" West [147 feet plus or minus; thence North 76°19'
 West 42] 40.66 feet plus or minus, to the Point of Beginning. Containing
 within  said bounds [22,800] 22,827 square feet plus or minus. The above
 described temporary easement is for the construction of a  [thirty-foot]
 FORTY-FOUR-FOOT  diameter  access  shaft. The location of said TEMPORARY
 access shaft is more particularly described in section [four]  THREE  of
 this  act.  Said parcel being part of property designated as Section: 38
 Block: F [Lots: 39-42, 50C,] LOT: 50F and [Section: 38, Block: T,  Lots:
 50A,  50B,  50C]  PART  OF MERTON AVENUE (NOT OPEN) on the Nassau County
 Land and Tax Map.
   § [6.] 5. PERMANENT SUBSURFACE EASEMENT - Force  Main.  Parkland  upon
 and  under  which  a  permanent  easement may be established pursuant to
 subdivision (a) of section one of this act  is  described  as  all  that
 certain  plot,  piece  or parcel of land with buildings and improvements
 thereon erected,  situate,  lying  and  being  located  at  Incorporated
 Village  of Rockville Centre, Incorporated Village of East Rockaway, and
 Incorporated Village of Lynbrook, Town of Hempstead,  County  of  Nassau
 and  State  of  New York being a 20-foot wide strip of land more partic-
 ularly bounded and described as follows:   [beginning]  BEGINNING  at  a
 point  on the northerly side of SOUTH Park Avenue, said [Point of Begin-
 ning 193 feet plus or minus easterly, as  measured]  POINT  BEING  SOUTH
 79°24'16"  EAST,  along  the northerly side of SOUTH Park Avenue, 237.33
 FEET PLUS OR MINUS, from the intersection of the northerly side of SOUTH
 Park Avenue with the easterly side of  [Oxford]  CHESTER  Road;  running
 thence  North  [13°01']  10°26'55" East [956] 956.35 feet plus or minus;
 thence North [44°00'] 40°12'27" East [446] 464.95 feet plus or minus, to
 the [northeasterly line of property designated as Section 38 Block F Lot
 50F, on the Nassau County Land and Tax Map] WESTERLY SIDE OF MILL RIVER;
 thence [South 53°10' East,] along  [said  northeasterly  line,  20]  THE
 WESTERLY  SIDE  OF  MILL  RIVER  THE  FOLLOWING  FIVE  (5) COURSES SOUTH
 10°54'32" EAST 4.49 FEET PLUS OR MINUS; SOUTH 08°32'16" WEST  6.44  FEET
 PLUS  OR  MINUS;  SOUTH  17°55'44  WEST  8.24  FEET PLUS OR MINUS; SOUTH
 10°55'50" WEST 4.90 FEET PLUS OR MINUS; SOUTH 07°44'20" WEST 14.16  feet
 plus  or  minus;  thence South [44°00'] 40°12'27" West [443] 427.49 feet
 plus or minus; thence South [13°01'] 10°26'55" West  [950]  951.08  feet
 plus  or  minus[,]  to  the  northerly side of SOUTH Park Avenue; thence
 North [79°36'] 79°24'16" West, along [said] THE northerly side OF  SOUTH
 PARK  AVENUE, [20] 20.00 feet plus or minus, to the Point of Beginning[;

 S. 2508--A                         83                         A. 3008--A

 containing]. CONTAINING within said bounds [28,000] 28,014  square  feet
 plus  or  minus.  The  above  described  permanent  easement  is for the
 construction and operation of a six-foot diameter force main at a  mini-
 mum  depth  of  fifteen feet below the ground surface. Said parcel being
 part of property designated as Section: 38 Block: F [Lots:  39-42, 50C,]
 LOT: 50F and Section: 38, Block: T, [Lots] LOT: 50A[, 50B, 50C]  on  the
 Nassau County Land and Tax Map.
   §  [7.]  6.  TEMPORARY  EASEMENT - Force Main Shaft Construction Area.
 Parkland upon and under which a temporary easement  may  be  established
 pursuant  to  subdivision (b) of section one of this act is described as
 all that certain plot, piece  or  parcel  of  land  with  buildings  and
 improvements thereon erected, situate, lying and being located at Incor-
 porated Village of Rockville Centre, Town of Hempstead, County of Nassau
 and  State  of New York being more particularly bounded and described as
 follows: [beginning] BEGINNING at a  point  on  the  northerly  side  of
 Sunrise  Highway  (New York State Route [27A] 27), said [Point of Begin-
 ning] POINT being distant [254] 82.57 feet [plus or minus] westerly  [as
 measured]  along  the northerly side of Sunrise Highway from the [inter-
 section of] EXTREME WESTERLY AND OF AN ARC OF  A  CURVE  CONNECTING  the
 northerly side of Sunrise Highway with the westerly side of NORTH Forest
 Avenue[;  running]. RUNNING thence [North 86°15' West,] along the north-
 erly side of Sunrise Highway THE FOLLOWING THREE (3) COURSES:  SOUTHWES-
 TERLY  250.24 FEET PLUS OR MINUS ALONG THE ARC OF A CURVE BEARING TO THE
 LEFT HAVING A RADIUS OF  862.00  FEET  AND  A  CHORD  THAT  BEARS  SOUTH
 77°03'07"  WEST  249.36  FEET  PLUS  OR  MINUS, [175 feet plus or minus;
 thence] South [68°26'] 68°43'30" West[, continuing along  the  northerly
 side  of  Sunrise Highway, 111] 161.85 FEET PLUS OR MINUS; SOUTHWESTERLY
 20.44 FEET PLUS OR MINUS ALONG THE ARC OF A CURVE BEARING TO  THE  RIGHT
 HAVING  A  RADIUS  OF 592.00 FEET AND A CHORD THAT BEARS SOUTH 69°00'05"
 WEST 20.44 feet plus or minus;  thence  North  [14°47']  14°30'46"  West
 [162]  215.45  feet  plus  or minus, to the southerly side of [the] Long
 Island Rail Road [right-of-way]; thence [South 86°59' East,]  along  the
 southerly  side of the Long Island Rail Road, [479] SOUTH 87°41'41" EAST
 469.93 feet plus or minus; thence South  [01°59']  02°13'26"  West  [75]
 67.80  feet  plus  or minus, to the northerly side of [the travelled way
 of] Sunrise Highway, [then 160 feet plus or minus along  the  arc  or  a
 circular  curve  to  the  left that has a radius of 850 feet and a chord
 that bears South 80°03' West 160 feet plus or minus to] AT the Point  of
 Beginning.    Containing  within said bounds [50,300] 57,506 square feet
 plus or minus. The above described temporary easement is  necessary  for
 the construction of temporary access to the aqueduct below Sunrise High-
 way  area.  Said parcel being part of property designated as Section: 38
 Block: 291 Lot: 17 on the Nassau County Land and Tax Map.
   § [8.] 7. Should the lands described in sections [three, four] TWO and
 [six] FIVE of this act cease to be used for the  purposes  described  in
 section one of this act, the permanent easements established pursuant to
 section one of this act shall cease and such lands shall be restored and
 dedicated as parklands.
   §  [9.]  8. In the event that the village of Rockville Centre received
 any funding support or assistance from the federal  government  for  the
 purchase,  maintenance,  or  improvement  of  the parklands set forth in
 sections [three] TWO through [seven] SIX of this act, the discontinuance
 and alienation of such parklands authorized by the  provisions  of  this
 act  shall  not occur until the village of Rockville Centre has complied
 with any applicable federal requirements pertaining to the alienation or
 conversion of parklands, including satisfying the secretary of the inte-

 S. 2508--A                         84                         A. 3008--A
 
 rior that the alienation or  conversion  complies  with  all  conditions
 which  the  secretary  of  the  interior  deems  necessary to assure the
 substitution of other lands shall be equivalent in fair market value and
 usefulness to the lands being alienated or converted.
   § [10.] 9. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section, subpart or part of this act shall be adjudged by a court
 of competent jurisdiction to be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation to the clause, sentence, paragraph, subdivision, section,
 subpart or part thereof directly involved in the  controversy  in  which
 such  judgment shall have been rendered. It is hereby declared to be the
 intent of the legislature that this act would have been enacted even  if
 such invalid provisions had not been included herein.
   §  3.  This act shall take effect immediately, provided, however, that
 the applicable effective date of Subparts A through C of this act  shall
 be as specifically set forth in the last section of such Subparts.
   § 2. This act shall take effect immediately.
 
                                  PART AA
 
   Section  1.  Subparagraph  (i)  of  paragraph  3 of subdivision (a) of
 section 21 of the tax law, as amended by section 17 of part BB of  chap-
 ter 56 of the laws of 2015, is amended to read as follows:
   (i)  The  tangible  property  credit  component  shall be equal to the
 applicable percentage of the cost or other basis for federal income  tax
 purposes  of  tangible  personal  property  and other tangible property,
 including  buildings  and  structural  components  of  buildings,  which
 constitute qualified tangible property and may include any related party
 service  fee  paid; provided that in determining the cost or other basis
 of such property, the taxpayer shall exclude the acquisition cost of any
 item of property with respect to which a credit under this  section  was
 allowable  to  another  taxpayer.  A  related party service fee shall be
 allowed only in the calculation of the tangible property  credit  compo-
 nent and shall not be allowed in the calculation of the site preparation
 credit  component  or  the on-site groundwater remediation credit compo-
 nent. The portion of the tangible property  credit  component  which  is
 attributable  to  related  party  service  fees shall be allowed only as
 follows: (A) in the taxable year in which the qualified tangible proper-
 ty described in subparagraph  (iii)  of  this  paragraph  is  placed  in
 service,  for  that portion of the related party service fees which have
 been earned and actually paid to the related party on or before the last
 day of such taxable year; and (B) with respect to any other taxable year
 for which the tangible property credit component may  be  claimed  under
 this  subparagraph  and  in  which  the amount of any additional related
 party service fees are actually paid by  the  taxpayer  to  the  related
 party,  the  tangible property credit component for such amount shall be
 allowed in such taxable year. The credit component amount so  determined
 shall  be  allowed for the taxable year in which such qualified tangible
 property is first placed in service on a qualified site with respect  to
 which  a  certificate  of completion has been issued to the taxpayer, or
 for the taxable year in which the certificate of completion is issued if
 the qualified tangible property is placed in service prior to the  issu-
 ance  of the certificate of completion. This credit component shall only
 be allowed for up to one hundred twenty months after  the  date  of  the
 issuance  of such certificate of completion, PROVIDED, HOWEVER, THAT FOR

 S. 2508--A                         85                         A. 3008--A
 
 QUALIFIED SITES TO WHICH A CERTIFICATE OF COMPLETION  IS  ISSUED  ON  OR
 AFTER MARCH TWENTIETH, TWO THOUSAND TEN, BUT PRIOR TO JANUARY FIRST, TWO
 THOUSAND  TWELVE,  THE  CREDIT  COMPONENT SHALL BE ALLOWED FOR UP TO ONE
 HUNDRED FORTY-FOUR MONTHS AFTER THE DATE OF SUCH ISSUANCE.
   § 2. This act shall take effect immediately.
 
                                  PART BB
 
   Section  1.  Notwithstanding the contrary provisions of section 9-0501
 of the environmental conservation law and the contrary provisions of the
 public lands  law,  the  department  of  environmental  conservation  is
 authorized  to grant easements for buried cables on real property within
 the Farmersville State Forest, Lost Nation State Forest, and Swift  Hill
 State Forest, which meet the following conditions:
   (a)  The  easements are for buried electric cables which are part of a
 wind powered electric generation project located in the towns  of  Rush-
 ford, Farmersville, Arcade, Centerville, Freedom, and Machias.
   (b)  The  easements  are for a portion of the property within Farmers-
 ville State Forest, Lost Nation  State  Forest,  and  Swift  Hill  State
 Forest owned by the state and managed by the department of environmental
 conservation. The buried cables shall be:
   (1)  located  underground  for approximately 500 feet between turbines
 101 and 102 (which are sited on  private  land),  and  passing  below  a
 section of Farmersville State Forest in Cattaraugus County;
   (2) located underground for approximately 1,600 feet on the south side
 of Hess Road along the Farmersville State Forest boundary in Cattaraugus
 County,  turning southwest to follow an existing track for approximately
 420 feet, and continuing west along the  northern  parcel  boundary  for
 approximately  1,300  feet to the property line, to connect turbines 100
 and 104 (both sited on private land);
   (3) located underground for approximately 2,950 feet  along  the  west
 side  of  North Hill Road in Lost Nation State Forest in Allegany County
 to connect turbines 73, 75, 76, and 77 (all sited on  private  land)  to
 the rest of the project; and
   (4)  located underground for approximately 1,150 feet on the east side
 of Rushford Road, along the western edge of Swift Hill State  Forest  in
 Allegany  County  to connect turbines 124 and 125 (both sited on private
 land) to the rest of the project.
   (c) The easements will be conveyed by the department of  environmental
 conservation  and  take  effect only in the event the underground cables
 proposed to be on such easement lands are certified and approved as part
 of a wind powered electric generation facility pursuant to article 10 of
 the public service law.
   (d) The easements shall terminate when  the  associated  wind  powered
 electric generation project ceases to operate for 18 months as set forth
 in  the easements and the easements shall then revert to the state to be
 managed by the department of environmental conservation as state  forest
 land.
   (e)  The  use  of  chemicals/herbicides for clearing said easements is
 prohibited unless prior approval for the same is granted by the  depart-
 ment of environmental conservation, division of lands and forests.
   §  2.  (a)  In entering into the easements described in section one of
 this act, the department of environmental conservation is authorized  to
 grant  such  easements  for fair market value plus twenty percent of the
 value of the easements plus one hundred thousand dollars  upon  applica-
 tion by Alle-Catt Wind Energy LLC.

 S. 2508--A                         86                         A. 3008--A
 
   (b)  An amount, not less than fair market value plus twenty percent of
 the value of the easements plus one hundred thousand  dollars  shall  be
 used to obtain for the state an interest in real property for open space
 purposes  in  region  9  of the department of environmental conservation
 from  the  regional  priority  conservation projects list in region 9 as
 part of this state's open space conservation plan. The total payment for
 such acquisition or acquisitions shall not be less than the value of the
 easements to be conveyed by the state plus twenty percent of  the  value
 of such easements plus one hundred thousand dollars.
   (c)  Any  monies received by the department of environmental conserva-
 tion from Alle-Catt Wind Energy LLC in consideration of these  easements
 shall  be  deposited  into  the  state environmental protection fund, as
 established in section 92-s of the state finance law, until such time as
 they can be used towards the purchase of the real  property  as  contem-
 plated in subdivision (b) of this section.
   (d) The description of the easements to be conveyed by this act is not
 intended  to  be  a  legal  description, but is intended to identify the
 easements to be conveyed. As a condition of  conveyance  Alle-Catt  Wind
 Energy  LLC  shall submit to the commissioner of environmental conserva-
 tion for his or her approval an accurate survey and description of lands
 generally described in this section which may be used in the  conveyance
 thereof.
   (e)  The  grant  of  the  easements  is conditioned on the issuance of
 certificates of environmental compatibility and public need pursuant  to
 the provisions of article 10 of the public service law.
   (f)  Compensation  for the stumpage value of trees to be felled by the
 entity shall be deposited in the same manner as in  subdivision  (b)  of
 this  section  with the felled trees to become the property of Invenergy
 LLC. Stumpage value is to be determined by the  department  of  environ-
 mental  conservation  forester  based  on  the most recent department of
 environmental conservation stumpage price report at the time  the  trees
 are felled.
   §  3.  The  commissioner  of  environmental conservation may prescribe
 additional terms for such exchange of real property. Such contract shall
 not become binding upon the state until  approved  by  the  state  comp-
 troller. Title to the land to the people of the state of New York pursu-
 ant to the provisions of such contract shall be approved by the attorney
 general, and the deed to the state shall be approved by him or her as to
 form and manner of execution and recordability before such deed shall be
 accepted on behalf of the state. Notwithstanding the contrary provisions
 of  the  public  lands  law, the conveyance of the state-owned easements
 pursuant to such contract shall be  without  reservation  or  exception,
 except  as  provided  for  in  such  contract. Upon certification by the
 commissioner of environmental conservation to the commissioner of gener-
 al services of a copy of the contract, and certification that  Alle-Catt
 Wind  Energy  LLC  has  complied  with  all  terms and conditions of the
 contract upon their part to be  kept  and  performed,  together  with  a
 description  of  any  of  the easements to be exchanged, conveyed and/or
 payments to be made, the commissioner of general services  shall  convey
 the  easements  described  in section one of this act in accordance with
 the provisions of the contract.
   § 4. This act shall take effect immediately, and shall expire  and  be
 deemed  repealed  five  years after such date; provided, however, should
 the easements be granted within the five years, the term  of  the  ease-
 ments  will  establish  the  end date of the easements. At such time the

 S. 2508--A                         87                         A. 3008--A
 
 land will revert back  to  the  state  of  New  York  for  state  forest
 purposes.
 
                                  PART CC
 
   Section  1.  Section  12  of  part F of chapter 58 of the laws of 2013
 amending the environmental conservation law and the  state  finance  law
 relating to the "Cleaner, Greener NY Act of 2013", as amended by chapter
 65 of the laws of 2019, is amended to read as follows:
   §  12.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2013; provided,
 however, that the amendments to subdivision 5-a of  section  27-1015  of
 the  environmental  conservation  law,  as added by section nine of this
 act, shall expire and be deemed repealed on April 1, [2021] 2023.
   § 2. This act shall take effect immediately.
 
                                  PART DD
 
   Section 1. This act shall be known and  may  be  cited  as  the  "rail
 advantaged housing act".
   §  2.  Legislative  findings and statement of purpose. The legislature
 hereby finds, determines and declares:
   (a) Chapter 106 of the laws of 2019 enacted the New York state climate
 leadership  and  community  protection  act  (the  "CLCPA").  The  CLCPA
 directed  the  department  of  environmental conservation to establish a
 statewide greenhouse gas emissions limit for 2030 equal to 60%  of  1990
 emissions, and a statewide greenhouse gas emissions limit for 2050 equal
 to 15% of 1990 emissions (the "CLCPA limits").
   (b)  Transportation  currently  accounts for 36% of the greenhouse gas
 emissions in New York. New York has an obligation to  reduce  greenhouse
 gas emissions in every sector, including transportation.
   (c) The CLCPA recognizes the need to encourage and facilitate land use
 and  transportation  planning  strategies to reduce greenhouse gas emis-
 sions from the transportation sector.
   (d) In 1946, the legislature declared a housing emergency in New  York
 City.  The  emergency  has  continued  through  the present day. Housing
 production throughout the New  York  City  metropolitan  area  has  been
 insufficient to address this emergency for decades.
   (e)  Creating  housing  in  close  proximity to commuter rail stations
 promotes both the goals of the CLCPA and helps to  address  the  housing
 emergency in New York City.
   (f)  A  public policy purpose would be served and the interests of the
 people of the state would  be  advanced  by  expediting  the  regulatory
 review of local zoning changes that will lead to the production of hous-
 ing in close proximity to commuter rail stations.
   § 3. Definitions.
   (a) ["Commissioner"] "SECRETARY" shall mean the [commissioner of envi-
 ronmental  conservation or the commissioner's] SECRETARY OF STATE OR THE
 SECRETARY'S designee.
   (b) "Commuter rail station" shall mean a rail station,  other  than  a
 rail  station  located  in  New  York City, on any rail line operated by
 either the Long Island Rail Road or the Metro-North Railroad.
   (c) "Commuter rail station area" shall mean the area  within  one-half
 mile of any commuter rail station.
   (d)  "Incremental parking decrease" shall mean, with respect to a rail
 advantaged housing rezoning proposal, the percentage decrease in public-

 S. 2508--A                         88                         A. 3008--A
 
 ly accessible vehicle parking proximate to a commuter rail station  that
 such rezoning proposal would cause, if effective.
   (e)  "Incremental  population  increase" shall mean, with respect to a
 rail advantaged housing rezoning proposal, the percentage by  which  the
 population  of  a  local  jurisdiction including the property subject to
 such rezoning proposal would increase if:  (1)  such  rezoning  proposal
 were  to  become effective; (2) all of the housing permitted to be built
 as a result of such rezoning proposal were to be built; and (3)  all  of
 such housing were to be fully occupied.
   (f) "Local jurisdiction" shall mean any city, county, town, village or
 other political subdivision of the state.
   (g)  "Local  agency  zoning  mitigation account" shall mean an account
 established by a local agency solely for the purpose of mitigating envi-
 ronmental impacts due to any rezoning.
   (h) "Local agency" means any governing body of a local jurisdiction.
   (i) "Rail advantaged housing" shall mean any  housing  or  residential
 building located within one-half mile of a commuter rail station.
   (j)  "Rail  advantaged  housing  envelope" shall mean the total square
 feet of residential space permitted to  be  built  in  a  commuter  rail
 station  area  under  the zoning regulations applicable to such commuter
 rail station area.
   (k) "Rail advantaged housing rezoning proposal" shall mean a  proposal
 for rezoning which, if effective, (1) would increase the rail advantaged
 housing  envelope  in  the area proposed for rezoning, and (2) would not
 affect zoning regulations applicable outside  a  commuter  rail  station
 area.
   (l)  "Rezoning"  shall  mean an action undertaken by a local agency to
 modify zoning regulations.
   (m) "Rezoning entity" shall mean a local agency authorized  to  modify
 zoning regulations.
   § 4. Uniform standards and conditions.
   (a)  The  [commissioner]  SECRETARY  shall  establish a set of uniform
 standards and conditions for rail advantaged housing rezoning  proposals
 that  are  common  for all rail advantaged housing rezoning proposals or
 for particular classes and categories of rail advantaged housing  rezon-
 ing proposals.
   (b)  The  uniform standards and conditions established under paragraph
 (a) of this section shall include:
   1. A standard establishing a maximum incremental  population  increase
 the  exceedance  of which by a rail advantaged housing rezoning proposal
 would cause such rezoning proposal to be deemed to have an environmental
 impact;
   2. A standard establishing a maximum incremental parking decrease  the
 exceedance of which by a rail advantaged housing rezoning proposal would
 cause  such  rezoning  proposal  to  be  deemed to have an environmental
 impact;
   3. A formula to determine, by reference to any, all, or  any  combina-
 tion  of  the  following  factors,  the amount which, if paid to a local
 agency zoning mitigation account, would mitigate the impact  of  housing
 construction  on  the  quality  of a jurisdiction's environment and on a
 local agency's ability to provide essential public services: such  local
 agency's expenses for public education; such local agency's expenses for
 maintenance and improvement of roads, bicycle paths, pedestrian walkways
 and parks; such local agency's expenses to provide drinking water and to
 manage water quality; and other factors determined by the [commissioner]
 SECRETARY to be relevant; and

 S. 2508--A                         89                         A. 3008--A
 
   4. Any other standards and conditions determined by the [commissioner]
 SECRETARY.
   §  5.  Expedited  zoning  review.    Whenever a county legislature has
 adopted a local law to permit rail  advantaged  housing  as  defined  in
 section three of this act, the uniform standards established pursuant to
 section  four  of this act shall apply to such project if the project is
 approved. Approval by a rezoning entity of  a  rail  advantaged  housing
 rezoning proposal is contingent upon the approval of the chief executive
 officer  of  any town, village or city and shall be deemed to not have a
 significant effect on the environment under subparagraph (ii)  of  para-
 graph  (c)  of  subdivision  2  of  section  8-0113 of the environmental
 conservation law if prior to such approval:
   (a) the chief executive officer of any town,  village  or  city  which
 includes  property subject to such rezoning has certified that such rail
 advantaged housing rezoning proposal:
   1. does not exceed the population increase standard established  under
 paragraph 1 of subdivision (b) of section four of this act;
   2.  does  not  exceed  the parking decrease standard established under
 paragraph 2 of subdivision (b) of section four of this act;
   3. requires that any person who builds housing pursuant to such rezon-
 ing proposal must pay to any  applicable  local  agency's  local  agency
 rezoning  mitigation  account  an amount not less than the amount deter-
 mined in accordance with the formula established under  paragraph  3  of
 subdivision (b) of section four of this act to be sufficient to mitigate
 any impacts caused by such housing; and
   (b)  such rezoning entity has conducted at least one public hearing on
 such rail advantaged rezoning proposal.
   § 6. This act shall take effect immediately.
 
                                  PART EE
 
   Section 1. Subdivision 5 of section 1902  of  the  public  authorities
 law,  as  added  by  section  6 of part JJJ of chapter 58 of the laws of
 2020, is amended to read as follows:
   5. Notwithstanding title five-A of article nine of  this  chapter,  OR
 ANY  LAW  TO  THE  CONTRARY,  establish a build-ready program, including
 eligibility and other criteria, pursuant to which the  authority  would,
 through  a competitive and transparent bidding process, AND USING SINGLE
 PURPOSE PROJECT HOLDING COMPANIES ESTABLISHED BY OR  ON  BEHALF  OF  THE
 AUTHORITY  AND  HAVING  NO SEPARATE AND INDEPENDENT OPERATIONAL CONTROL,
 ACQUIRE, SELL AND transfer rights and  other  interests  in  build-ready
 sites and development rights to developers for the purpose of facilitat-
 ing  the  development of renewable energy facilities on such build-ready
 sites. Such transactions may include the transfer of  rights,  interests
 and  obligations  existing under agreements providing for host community
 benefits negotiated by the authority pursuant  to  programs  established
 pursuant to subdivision six of this section on such terms and conditions
 as the authority deems appropriate;
   §  2.  This  act shall take effect immediately; provided however, that
 the amendments to section 1902 of the public  authorities  law  made  by
 section  one  of this act shall be subject to the repeal of such section
 and shall expire and be deemed repealed therewith.
 
                                  PART FF

 S. 2508--A                         90                         A. 3008--A
 
   Section 1. Subdivision (p) of section 406 of chapter 166 of  the  laws
 of  1991,  amending  the  tax  law  and other laws relating to taxes, as
 amended by section 12 of part A of chapter 55 of the laws  of  2020,  is
 amended to read as follows:
   (p) The amendments to section 1809 of the vehicle and traffic law made
 by sections three hundred thirty-seven and three hundred thirty-eight of
 this  act  shall not apply to any offense committed prior to such effec-
 tive date; provided, further, that section three  hundred  forty-one  of
 this act shall take effect immediately and shall expire November 1, 1993
 at  which  time  it  shall  be  deemed  repealed; sections three hundred
 forty-five and three hundred forty-six of this  act  shall  take  effect
 July  1,  1991;  sections three hundred fifty-five, three hundred fifty-
 six, three hundred fifty-seven and three hundred fifty-nine of this  act
 shall  take  effect immediately and shall expire June 30, 1995 and shall
 revert to and be read as if this act had not been enacted; section three
 hundred fifty-eight of this act shall take effect immediately and  shall
 expire  June 30, 1998 and shall revert to and be read as if this act had
 not been enacted; section three hundred sixty-four through three hundred
 sixty-seven of this act shall apply to claims filed  on  or  after  such
 effective  date; sections three hundred sixty-nine, three hundred seven-
 ty-two, three hundred seventy-three, three hundred  seventy-four,  three
 hundred  seventy-five  and  three  hundred seventy-six of this act shall
 remain in effect until September 1, [2021]  2023,  at  which  time  they
 shall   be  deemed  repealed;  provided,  however,  that  the  mandatory
 surcharge provided in section three hundred  seventy-four  of  this  act
 shall  apply  to parking violations occurring on or after said effective
 date; and provided further that the amendments made to  section  235  of
 the vehicle and traffic law by section three hundred seventy-two of this
 act,  the amendments made to section 1809 of the vehicle and traffic law
 by sections three hundred thirty-seven and three hundred thirty-eight of
 this act and the amendments made to section 215-a of the  labor  law  by
 section three hundred seventy-five of this act shall expire on September
 1,  [2021]  2023  and upon such date the provisions of such subdivisions
 and sections shall revert to and be read as if the  provisions  of  this
 act  had  not  been  enacted;  the amendments to subdivisions 2 and 3 of
 section 400.05 of the penal law made by sections three hundred  seventy-
 seven  and  three hundred seventy-eight of this act shall expire on July
 1, 1992 and upon such date the provisions  of  such  subdivisions  shall
 revert  and  shall be read as if the provisions of this act had not been
 enacted; the state board of law examiners shall take such action  as  is
 necessary to assure that all applicants for examination for admission to
 practice  as  an  attorney and counsellor at law shall pay the increased
 examination fee provided for by the amendment made to section 465 of the
 judiciary law by section three hundred eighty of this act for any  exam-
 ination given on or after the effective date of this act notwithstanding
 that an applicant for such examination may have prepaid a lesser fee for
 such examination as required by the provisions of such section 465 as of
 the  date  prior  to  the  effective date of this act; the provisions of
 section 306-a of the civil practice law and rules as  added  by  section
 three  hundred eighty-one of this act shall apply to all actions pending
 on or commenced on or after September 1, 1991, provided,  however,  that
 for  the  purposes of this section service of such summons made prior to
 such date shall be deemed to have been completed on September  1,  1991;
 the  provisions  of section three hundred eighty-three of this act shall
 apply to all money deposited  in  connection  with  a  cash  bail  or  a
 partially  secured  bail  bond  on or after such effective date; and the

 S. 2508--A                         91                         A. 3008--A
 
 provisions of sections  three  hundred  eighty-four  and  three  hundred
 eighty-five  of  this  act  shall  apply  only to jury service commenced
 during a judicial term beginning on or after the effective date of  this
 act; provided, however, that nothing contained herein shall be deemed to
 affect  the  application,  qualification,  expiration  or  repeal of any
 provision of law amended by any section of this act and such  provisions
 shall  be  applied or qualified or shall expire or be deemed repealed in
 the same manner, to the same extent and on the same date as the case may
 be as otherwise provided by law;
   § 2. Subdivision 8 of section 1809 of the vehicle and traffic law,  as
 amended  by  section  13 of part A of chapter 55 of the laws of 2020, is
 amended to read as follows:
   8. The provisions of this section shall only apply to offenses commit-
 ted  on  or  before   September   first,   two   thousand   [twenty-one]
 TWENTY-THREE.
   § 3. This act shall take effect immediately.
 
                                  PART GG
 
   Section  1. Section 1226 of the vehicle and traffic law, as amended by
 chapter 506 of the laws of 1971, is amended to read as follows:
   § 1226. Control of steering mechanism. No person shall operate a motor
 vehicle without having at least one hand or, in the case of a physically
 handicapped person, at least one prosthetic device or aid on the  steer-
 ing  mechanism at all times when the motor vehicle is in motion UNLESS A
 DRIVING AUTOMATION SYSTEM, AS  DEFINED  IN  SAE  J3016  AS  PERIODICALLY
 REVISED, IS ENGAGED TO PERFORM STEERING FUNCTION.
   §  2.  Subdivision a of section 1 of part FF of chapter 55 of the laws
 of 2017, relating to motor vehicles  equipped  with  autonomous  vehicle
 technology,  as amended by section 1 of part H of chapter 58 of the laws
 of 2018, is amended to read as follows:
   a. Notwithstanding the provisions of section 1226 of the  vehicle  and
 traffic  law,  the  New  York  state  commissioner of motor vehicles may
 approve demonstrations and tests consisting of the operation of a  motor
 vehicle  equipped  with  autonomous  vehicle technology while such motor
 vehicle is engaged in the use of  such  technology  on  public  highways
 within  this  state  for the purposes of demonstrating and assessing the
 current development of autonomous vehicle technology and to begin  iden-
 tifying potential impacts of such technology on safety, traffic control,
 traffic  enforcement, emergency services, and such other areas as may be
 identified by such commissioner. [Provided, however,  that  such  demon-
 strations  and  tests shall only take place under the direct supervision
 of the New York state police, in a form and  manner  prescribed  by  the
 superintendent  of  the  New  York  state  police.  Additionally,  a law
 enforcement interaction plan shall be included as  part  of  the  demon-
 stration and test application that includes information for law enforce-
 ment  and first responders regarding how to interact with such a vehicle
 in emergency and traffic enforcement situations.    Such  demonstrations
 and  tests  shall  take  place  in  a  manner and form prescribed by the
 commissioner of motor vehicles including, but not limited to: a require-
 ment that a natural person holding a valid license for the operation  of
 the  motor  vehicle's class be present within such vehicle for the dura-
 tion of the time it is operated on public highways; a  requirement  that
 the  motor  vehicle  utilized  in such demonstrations and tests complies
 with all applicable federal motor vehicle safety standards and New  York
 state  motor  vehicle  inspection  standards; and a requirement that the

 S. 2508--A                         92                         A. 3008--A

 motor vehicle utilized in such demonstrations and tests has in place, at
 a minimum, financial security in the amount of five million dollars] THE
 COMMISSIONER SHALL ISSUE AND PROMULGATE RULES AND  REGULATIONS  FOR  THE
 ADMINISTRATION  OF  THIS  ACT.   Nothing in this act shall authorize the
 motor vehicle utilized in such demonstrations and tests  to  operate  in
 violation  of  article  22  or  title  7 of the vehicle and traffic law,
 excluding section 1226 of such law.
   § 3. Section 3 of part FF of chapter 55 of the laws of 2017,  relating
 to  motor  vehicles  equipped  with  autonomous  vehicle  technology, as
 amended by section 2 of part M of chapter 58 of the  laws  of  2019,  is
 amended to read as follows:
   § 3. This act shall take effect April 1, 2017; provided, however, that
 section  one  of  this  act shall expire and be deemed repealed April 1,
 [2021] 2026.
   § 4. There is hereby established a group to be known as  the  "Intera-
 gency  Group  on  Autonomous  Vehicle  Technology".  The  group shall be
 composed of the following members: the commissioner of the department of
 transportation or his or her designee; the commissioner of  the  depart-
 ment  of  motor vehicles or his or her designee; the director of the New
 York State thruway authority or his or her designee; the  chancellor  of
 the  state university of New York or his or her designee; and the direc-
 tor of the state police or his or  her  designee.  The  group  shall  be
 responsible  for  the  coordination  of  all State policy with regard to
 autonomous vehicle and connected autonomous vehicle technology with  the
 goal  of  providing  quick  and  efficient modification of regulation in
 response to evolving industry trends. The group  shall  study,  evaluate
 and  develop  recommendations  relating  to specific actionable measures
 that address how automated vehicle technology will transform the state's
 roadways, economy, education system, and society. The group shall  study
 how to support safe testing, deployment and operation of automated vehi-
 cle technology on public highways. In doing so, the group shall take the
 following into consideration: (a) the measures necessary to successfully
 implement  automated vehicles, including necessary legislative and regu-
 latory or administrative changes; (b) the difficulties  and  liabilities
 that  could  arise by allowing automated vehicles on public highways and
 proper mechanisms to manage risks and ensure adequate risk coverage; (c)
 how automated vehicle technology can promote research and development in
 this state; (d) potential  infrastructure  changes  needed  and  capital
 planning  considerations;  and (f) any other issue the group deems rele-
 vant.
   § 5. This act shall take effect immediately, provided,  however,  that
 section one of this act shall take effect April 1, 2026.
 
                                  PART HH
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 224-b to read as follows:
   § 224-B. CONVENIENCE FEE. IN ADDITION TO ANY OTHER FEES  PROVIDED  FOR
 IN  THIS  CHAPTER, A NONREFUNDABLE TECHNOLOGY FEE OF ONE DOLLAR SHALL BE
 ADDED TO THE APPLICABLE FEE FOR ANY  TRANSACTION  FOR  WHICH  A  FEE  IS
 CHARGED  BY  THE  DEPARTMENT  FOR:  THE  REGISTRATION, REREGISTRATION OR
 RENEWAL OF A REGISTRATION  OF  A  MOTOR  VEHICLE,  MOTORCYCLE,  HISTORIC
 MOTORCYCLE,  SNOWMOBILE  OR  VESSEL;  AND  THE ISSUANCE OF ANY ORIGINAL,
 DUPLICATE OR RENEWAL LEARNER  PERMIT,  DRIVER'S  LICENSE  OR  NON-DRIVER
 IDENTIFICATION  CARD.  SUCH FEES SHALL BE DEPOSITED TO THE CREDIT OF THE

 S. 2508--A                         93                         A. 3008--A
 
 DEDICATED HIGHWAY AND BRIDGE TRUST FUND, ESTABLISHED PURSUANT TO SECTION
 EIGHTY-NINE-B OF THE STATE FINANCE LAW.
   §  2.  Paragraph  (a)  of  subdivision  3 of section 89-b of the state
 finance law, as amended by section 4 of chapter 368 of the laws of 2019,
 is amended to read as follows:
   (a) The special obligation reserve and payment account  shall  consist
 (i)  of all moneys required to be deposited in the dedicated highway and
 bridge trust fund pursuant to the provisions  of  sections  two  hundred
 five,  two  hundred  eighty-nine-e,  three  hundred  one-j, five hundred
 fifteen and  eleven  hundred  sixty-seven  of  the  tax  law,  [section]
 SECTIONS  TWO  HUNDRED  TWENTY-FOUR-B  AND  four hundred one and article
 [twelve-d] TWELVE-D of the vehicle and traffic law, and section  thirty-
 one  of  chapter fifty-six of the laws of nineteen hundred ninety-three,
 (ii) all fees, fines or  penalties  collected  by  the  commissioner  of
 transportation  and  the  commissioner  of  motor  vehicles  pursuant to
 section fifty-two, section three  hundred  twenty-six,  section  eighty-
 eight  of  the highway law, subdivision fifteen of section three hundred
 eighty-five of the vehicle and traffic law, section two of  part  U1  of
 chapter  sixty-two of the laws of two thousand three, subdivision (d) of
 section three hundred four-a,  paragraph  one  of  subdivision  (a)  and
 subdivision  (d)  of  section  three  hundred five, subdivision six-a of
 section four hundred fifteen and subdivision (g) of  section  twenty-one
 hundred  twenty-five  of the vehicle and traffic law, section fifteen of
 this chapter, excepting moneys deposited with the state  on  account  of
 betterments  performed  pursuant to subdivision twenty-seven or subdivi-
 sion thirty-five of section ten of the  highway  law,  and  section  one
 hundred forty-five of the transportation law, (iii) any moneys collected
 by  the  department  of transportation for services provided pursuant to
 agreements entered into in accordance with section ninety-nine-r of  the
 general  municipal  law, and (iv) any other moneys collected therefor or
 credited or transferred thereto from any other fund, account or source.
   § 3. Paragraph (a) of subdivision 3  of  section  89-b  of  the  state
 finance law, as amended by section 5 of chapter 368 of the laws of 2019,
 is amended to read as follows:
   (a)  The  special obligation reserve and payment account shall consist
 (i) of all moneys required to be deposited in the dedicated highway  and
 bridge  trust  fund  pursuant  to the provisions of sections two hundred
 eighty-nine-e, three hundred one-j,  five  hundred  fifteen  and  eleven
 hundred sixty-seven of the tax law, [section] SECTIONS TWO HUNDRED TWEN-
 TY-FOUR-B  AND  four  hundred one and article [twelve-d] TWELVE-D of the
 vehicle and traffic law, and section thirty-one of chapter fifty-six  of
 the  laws  of  nineteen  hundred  ninety-three,  (ii) all fees, fines or
 penalties collected  by  the  commissioner  of  transportation  and  the
 commissioner  of  motor  vehicles pursuant to section fifty-two, section
 three hundred twenty-six,  section  eighty-eight  of  the  highway  law,
 subdivision  fifteen of section three hundred eighty-five of the vehicle
 and traffic law, section  fifteen  of  this  chapter,  excepting  moneys
 deposited with the state on account of betterments performed pursuant to
 subdivision  twenty-seven  or  subdivision thirty-five of section ten of
 the highway law, and section one hundred forty-five of  the  transporta-
 tion law, (iii) any moneys collected by the department of transportation
 for  services provided pursuant to agreements entered into in accordance
 with section ninety-nine-r of the general municipal law,  and  (iv)  any
 other  moneys collected therefor or credited or transferred thereto from
 any other fund, account or source.

 S. 2508--A                         94                         A. 3008--A
 
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall expire and be deemed repealed  five
 years  after  such date; provided, however, that the amendments to para-
 graph (a) of subdivision 3 of section 89-b of  the  state  finance  law,
 made  by section two of this act, shall be subject to the expiration and
 reversion of such paragraph pursuant to section 13 of part U1 of chapter
 62 of the laws of 2003, as amended, when upon such date  the  provisions
 of  section  three  of this act shall take effect; provided further that
 the convenience fee authorized to be collected in  connection  with  fee
 transactions  relating  to  the registration of motor vehicles, motorcy-
 cles, historic motorcycles, vessels and snowmobiles shall apply  to  new
 registrations  issued,  reregistrations  occurring,  and  to renewals of
 registrations expiring, on and after such  date;  and  provided  further
 that  the  technology  fee authorized to be collected in connection with
 fee transactions relating to learner permits, driver licenses and  iden-
 tification cards shall apply to new learner permits, driver licenses and
 identification  cards issued, and to renewals of learner permits, driver
 licenses and identification cards expiring,  on  and  after  such  date.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or  regulation  and any changes in procedures and information technology
 systems necessary for the implementation of this act  on  its  effective
 date are authorized to be made and completed on or before such effective
 date.
 
                                  PART II
 
   Section  1.  Section  2  of  part BB of chapter 58 of the laws of 2012
 amending the public authorities law, relating to authorizing the  dormi-
 tory  authority to enter into certain design and construction management
 agreements, as amended by section 1 of part B of chapter 58 of the  laws
 of 2019, is amended to read as follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed April 1, [2021] 2024.
   § 2. The dormitory authority of the state of New York shall provide  a
 report  providing  information regarding any project undertaken pursuant
 to a design and construction management agreement, as authorized by part
 BB of chapter 58 of the laws of 2012, between the dormitory authority of
 the state of New York and the department of  environmental  conservation
 and/or  the office of parks, recreation and historic preservation to the
 governor, the temporary president of  the  senate  and  speaker  of  the
 assembly.  Such report shall include but not be limited to a description
 of each such project, the project identification  number  of  each  such
 project,  if applicable, the projected date of completion, the status of
 the project, the total cost or projected cost of each such project,  and
 the  location, including the names of any county, town, village or city,
 where each such project is located or  proposed.  In  addition,  such  a
 report  shall be provided to the aforementioned parties by the first day
 of March of each year that the authority to enter into  such  agreements
 pursuant to part BB of chapter 58 of the laws of 2012 is in effect.
   §  3.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2021.
 
                                  PART JJ
 
   Section 1. The opening paragraph of section 5102 of the insurance  law
 is amended and a new subsection (n) is added to read as follows:

 S. 2508--A                         95                         A. 3008--A
 
   In this [chapter] ARTICLE:
   (N) "PROVIDER OF HEALTH SERVICES" MEANS A PERSON OR ENTITY WHO OR THAT
 RENDERS HEALTH SERVICES.
   § 2. Section 5109 of the insurance law, as added by chapter 423 of the
 laws of 2005, is amended to read as follows:
   §  5109.  Unauthorized  providers  of health services. (a) [The super-
 intendent, in consultation with  the  commissioner  of  health  and  the
 commissioner of education, shall by regulation, promulgate standards and
 procedures  for  investigating  and  suspending or removing the authori-
 zation for providers of health services to demand or request payment for
 health services as specified in  paragraph  one  of  subsection  (a)  of
 section  five  thousand  one  hundred  two of this article upon findings
 reached after investigation pursuant to this section.  Such  regulations
 shall  ensure  the  same  or  greater  due process provisions, including
 notice and opportunity to be heard, as those afforded physicians  inves-
 tigated  under  article  two  of the workers' compensation law and shall
 include provision for notice to all providers of health services of  the
 provisions  of  this  section  and regulations promulgated thereunder at
 least ninety days in advance of the effective date of such regulations.]
 AS USED IN THIS SECTION, "HEALTH  SERVICES"  MEANS  SERVICES,  SUPPLIES,
 THERAPIES  OR OTHER TREATMENTS AS SPECIFIED IN SUBPARAGRAPH (I), (II) OR
 (IV) OF PARAGRAPH ONE OF SUBSECTION (A) OF  SECTION  FIVE  THOUSAND  ONE
 HUNDRED TWO OF THIS ARTICLE.
   (b)  [The  commissioner  of  health  and the commissioner of education
 shall provide a list of the names of all providers  of  health  services
 who  the  commissioner of health and the commissioner of education shall
 deem, after  reasonable  investigation,  not  authorized  to  demand  or
 request  any  payment  for medical services in connection with any claim
 under this article because such provider of health services] THE  SUPER-
 INTENDENT  MAY  PROHIBIT A PROVIDER OF HEALTH SERVICES FROM DEMANDING OR
 REQUESTING PAYMENT FOR HEALTH  SERVICES  RENDERED  UNDER  THIS  ARTICLE,
 OTHER  THAN  HEALTH  SERVICES  RENDERED IN THE EMERGENCY DEPARTMENT OF A
 GENERAL HOSPITAL, AS DEFINED IN SUBDIVISION TEN OF SECTION TWO  THOUSAND
 EIGHT  HUNDRED  ONE OF THE PUBLIC HEALTH LAW, FOR A PERIOD NOT EXCEEDING
 THREE YEARS, IF THE SUPERINTENDENT DETERMINES, AFTER NOTICE AND HEARING,
 THAT THE PROVIDER OF HEALTH SERVICES:
   (1) has ADMITTED TO, OR been FOUND guilty of, professional [or  other]
 misconduct  [or  incompetency],  AS  DEFINED  IN  THE  EDUCATION LAW, in
 connection with [medical] HEALTH services rendered under  this  article;
 [or
   (2)  has  exceeded the limits of his or her professional competence in
 rendering medical care under this article or has knowingly made a  false
 statement  or representation as to a material fact in any medical report
 made in connection with any claim under this article; or
   (3)] (2) solicited, or [has] employed another PERSON  to  solicit  for
 [himself  or  herself]  THE PROVIDER OF HEALTH SERVICES or [for] another
 PERSON OR ENTITY, professional treatment, examination  or  care  of  [an
 injured] A person in connection with any claim under this article; [or
   (4)  has]  (3)  refused  to appear before, or [to] answer ANY QUESTION
 upon request of, the [commissioner of health, the] superintendent[,]  or
 any  duly  authorized officer of [the] THIS state, [any legal question,]
 or REFUSED to produce any relevant information concerning [his  or  her]
 THE  conduct  OF  THE  PROVIDER  OF  HEALTH  SERVICES in connection with
 [rendering medical] HEALTH services RENDERED under this article; [or
   (5) has] (4) engaged in [patterns] A PATTERN of billing for:

 S. 2508--A                         96                         A. 3008--A
 
   (A) HEALTH services [which] ALLEGED TO HAVE BEEN RENDERED  UNDER  THIS
 ARTICLE,   WHEN  THE  HEALTH  SERVICES  were  not  [provided]  RENDERED,
 PROVIDED, HOWEVER, THAT AN ADVERSE DETERMINATION BY  THE  SUPERINTENDENT
 PURSUANT  TO THIS SUBPARAGRAPH SHALL NOT BE BASED ON GOOD FAITH DISPUTES
 REGARDING  THE APPROPRIATENESS OF A PARTICULAR CODE TO DESCRIBE A HEALTH
 SERVICE; OR
   (B) UNNECESSARY HEALTH SERVICES, PROVIDED, HOWEVER,  THAT  AN  ADVERSE
 DETERMINATION  BY THE SUPERINTENDENT PURSUANT TO THIS SUBPARAGRAPH SHALL
 NOT BE BASED SOLELY ON THE FACT THAT ONE OR MORE  INSURERS  HAVE  DENIED
 MULTIPLE CLAIMS SUBMITTED BY THE PROVIDER OF HEALTH SERVICES;
   (5)  UTILIZED  UNLICENSED PERSONS TO RENDER HEALTH SERVICES UNDER THIS
 ARTICLE, WHEN ONLY A PERSON LICENSED IN THIS STATE MAY RENDER THE HEALTH
 SERVICES;
   (6) UTILIZED LICENSED PERSONS TO  RENDER  HEALTH  SERVICES  THAT  WERE
 BEYOND THE AUTHORIZED SCOPE OF THE PERSON'S LICENSE;
   (7) CEDED OWNERSHIP, OPERATION OR CONTROL OF A BUSINESS ENTITY AUTHOR-
 IZED  TO PROVIDE PROFESSIONAL HEALTH SERVICES IN THIS STATE, INCLUDING A
 PROFESSIONAL SERVICE CORPORATION, PROFESSIONAL LIMITED LIABILITY COMPANY
 OR REGISTERED LIMITED LIABILITY PARTNERSHIP, TO A PERSON NOT LICENSED TO
 RENDER THE HEALTH SERVICES FOR WHICH THE ENTITY IS LEGALLY AUTHORIZED TO
 PROVIDE, EXCEPT WHERE THE UNLICENSED PERSON'S  OWNERSHIP,  OPERATION  OR
 CONTROL IS OTHERWISE PERMITTED BY LAW;
   (8)  COMMITTED A FRAUDULENT INSURANCE ACT AS DEFINED IN SECTION 176.05
 OF THE PENAL LAW;
   (9) HAS BEEN CONVICTED OF A CRIME INVOLVING  FRAUDULENT  OR  DISHONEST
 PRACTICES; OR
   (10) VIOLATED ANY PROVISION OF THIS ARTICLE OR REGULATIONS PROMULGATED
 THEREUNDER.
   (c)  [Providers]  A  PROVIDER  of  health services shall [refrain from
 subsequently treating for remuneration, as a private patient, any person
 seeking medical treatment] NOT DEMAND OR REQUEST PAYMENT FOR ANY  HEALTH
 SERVICES  under  this article [if such provider pursuant to this section
 has been prohibited from demanding or requesting any payment for medical
 services under this article. An injured claimant so treated or  examined
 may  raise this as] OTHER THAN HEALTH SERVICES RENDERED IN THE EMERGENCY
 DEPARTMENT OF A GENERAL HOSPITAL,  AS  DEFINED  IN  SUBDIVISION  TEN  OF
 SECTION  TWO  THOUSAND  EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, THAT
 ARE RENDERED DURING THE TERM OF THE PROHIBITION ORDERED  BY  THE  SUPER-
 INTENDENT  PURSUANT  TO SUBSECTION (B) OF THIS SECTION.  THE PROHIBITION
 ORDERED BY THE SUPERINTENDENT MAY BE a defense in any action  by  [such]
 THE  provider  OF HEALTH SERVICES for payment for [treatment rendered at
 any time after such provider  has  been  prohibited  from  demanding  or
 requesting  payment  for  medical  services in connection with any claim
 under this article] SUCH HEALTH SERVICES.
   (d) THE CHAIR OF THE WORKERS' COMPENSATION  BOARD  SHALL  PROVIDE  THE
 SUPERINTENDENT  A  LIST OF THE NAMES OF ALL PROVIDERS OF HEALTH SERVICES
 WHICH, IN CONNECTION WITH ANY INVESTIGATION, HEARING, OR FINDINGS PURSU-
 ANT TO SECTION THIRTEEN-D OF THE WORKERS' COMPENSATION LAW, HAVE  VOLUN-
 TARILY RESIGNED OR ARE DISQUALIFIED FROM RENDERING HEALTH SERVICES UNDER
 THE  WORKERS' COMPENSATION LAW.  SUCH PROVIDERS OF HEALTH SERVICES SHALL
 NOT BE AUTHORIZED TO DEMAND OR REQUEST ANY PAYMENT FOR  HEALTH  SERVICES
 IN  CONNECTION  WITH  ANY  CLAIM  UNDER  THIS ARTICLE, OTHER THAN HEALTH
 SERVICES RENDERED IN THE EMERGENCY DEPARTMENT OF A GENERAL HOSPITAL,  AS
 DEFINED  IN SUBDIVISION TEN OF SECTION TWO THOUSAND EIGHT HUNDRED ONE OF
 THE PUBLIC HEALTH LAW, THAT ARE RENDERED DURING  THE  PERIOD  THAT  SUCH

 S. 2508--A                         97                         A. 3008--A
 
 PROVIDERS  OF HEALTH SERVICES HAVE VOLUNTARILY RESIGNED OR ARE DISQUALI-
 FIED FROM RENDERING HEALTH SERVICES UNDER THE WORKERS' COMPENSATION LAW.
   (E)  THE  CHAIR  OF THE WORKERS' COMPENSATION BOARD SHALL MAINTAIN AND
 REGULARLY UPDATE A DATABASE CONTAINING A LIST  OF  PROVIDERS  OF  HEALTH
 SERVICES  WHICH, IN CONNECTION WITH ANY INVESTIGATION, HEARING, OR FIND-
 INGS PURSUANT TO SECTION THIRTEEN-D OF THE  WORKERS'  COMPENSATION  LAW,
 HAVE  VOLUNTARILY  RESIGNED  OR  ARE  DISQUALIFIED FROM RENDERING HEALTH
 SERVICES UNDER THE WORKERS' COMPENSATION LAW, AND SHALL MAKE SUCH INFOR-
 MATION AVAILABLE TO THE PUBLIC.
   (F) The [commissioner of health and  the  commissioner  of  education]
 SUPERINTENDENT shall maintain [and regularly update] a database contain-
 ing  a  list  of providers of health services prohibited by this section
 from demanding or requesting any payment for health services  [connected
 to a claim] RENDERED under this article and shall make [such] THE infor-
 mation available to the public [by means of a website and by a toll free
 number].
   (G)  THE  SUPERINTENDENT  MAY LEVY A CIVIL PENALTY NOT EXCEEDING FIFTY
 THOUSAND DOLLARS ON ANY PROVIDER OF HEALTH SERVICES THAT THE SUPERINTEN-
 DENT PROHIBITS FROM DEMANDING OR REQUESTING PAYMENT FOR HEALTH  SERVICES
 PURSUANT  TO  SUBSECTION (B) OF THIS SECTION.  ANY CIVIL PENALTY IMPOSED
 UNDER THIS SECTION THAT IS BASED UPON THE  COMMISSION  OF  A  FRAUDULENT
 INSURANCE  ACT,  AS DEFINED IN SECTION 176.05 OF THE PENAL LAW, SHALL BE
 LEVIED IN ACCORDANCE WITH SUBSECTION (C) OF SECTION FOUR  HUNDRED  THREE
 OF THIS CHAPTER.
   [(e)]  (H)  Nothing  in this section shall be construed as limiting in
 any respect the powers and duties of the commissioner of health, commis-
 sioner of education, THE CHAIR OF THE WORKERS'  COMPENSATION  BOARD,  or
 the  superintendent  to investigate instances of misconduct by a [health
 care] provider [and, after a hearing and  upon  written  notice  to  the
 provider,  to  temporarily  prohibit a provider of health services under
 such investigation from demanding or requesting any payment for  medical
 services  under this article for up to ninety days from the date of such
 notice] OF HEALTH SERVICES AND TAKE APPROPRIATE ACTION PURSUANT  TO  ANY
 OTHER  PROVISION  OF LAW. A DETERMINATION OF THE SUPERINTENDENT PURSUANT
 TO SUBSECTION (B) OF THIS SECTION SHALL NOT BE BINDING UPON THE  COMMIS-
 SIONER  OF  HEALTH  OR  THE  COMMISSIONER OF EDUCATION IN A PROFESSIONAL
 DISCIPLINE PROCEEDING RELATING TO THE SAME CONDUCT.
   § 3.  The superintendent of financial services shall convene  a  motor
 vehicle  insurance  task  force, to examine alternatives to the no-fault
 insurance system as well as other legislative or regulatory  initiatives
 to  reduce  the  cost  of  motor vehicle insurance. The task force shall
 issue a report to the governor on  its  recommendations  no  later  than
 December  31, 2021.   The task force shall be chaired by the superinten-
 dent of financial services or his or  her  designee,  and  the  governor
 shall  appoint  eight (8) members comprised of consumer representatives,
 health insurers, trial attorneys, healthcare  providers,  and  insurers.
 The  members  of  the task force shall receive no compensation for their
 services, but shall be  allowed  their  actual  and  necessary  expenses
 incurred in the performance of their duties.
   §  4.  This  act shall take effect immediately; provided, however that
 sections one and two of this act shall take effect on  the  one  hundred
 eightieth day after it shall have become a law.
 
                                  PART KK
 
   Section 1. Section 410 of the economic development law is REPEALED.

 S. 2508--A                         98                         A. 3008--A
 
   §  2.  Section  3102-b of the public authorities law, as renumbered by
 chapter 291 of the laws of 1990, the opening  paragraph  as  amended  by
 chapter  616 of the laws of 1991, paragraph (a) of subdivision 1, subdi-
 vision 3 and paragraph (a) of subdivision 6 as amended by chapter 191 of
 the  laws  of  2010, subdivisions 5 and 6 as added by chapter 828 of the
 laws of 1987, is amended to read as follows:
   § 3102-b. Centers for  advanced  technology.  In  order  to  encourage
 greater  collaboration  between private industry and the universities of
 the state in the development and application of  new  technologies,  the
 [foundation] DEPARTMENT is authorized to designate for advanced technol-
 ogy  such  areas as integrated electronics, optics, biotechnology, tele-
 communications, automation and robotics, electronics packaging,  imaging
 technology  and  others  [identified by the foundation] as DETERMINED BY
 THE DEPARTMENT IN ACCORDANCE WITH THE  CRITERIA  SET  FORTH  IN  SECTION
 THREE  OF  PART   T   OF CHAPTER EIGHTY-FOUR OF THE LAWS OF TWO THOUSAND
 TWO, IN AREAS IDENTIFIED BY SUCH DEPARTMENT AS having significant poten-
 tial for economic growth in New York, or in which the application of new
 technologies could significantly enhance the productivity and  stability
 of  New  York  businesses. Such designations shall be made in accordance
 with the standards and criteria set forth in  subdivision  two  of  this
 section.  Centers  so  designated shall be eligible for support from the
 foundation in the manner provided  for  in  subdivision  three  of  this
 section, and for such additional support as may otherwise be provided by
 law.
   1. As used in this section:
   (a) "center for advanced technology" or "center" means a university or
 university-affiliated  research institute or a consortium of such insti-
 tutions, designated by the [foundation]  DEPARTMENT,  which  conducts  a
 continuing program of basic and applied research, development, and tech-
 nology  commercialization in one or more technological areas, in collab-
 oration with and through the support of private business  and  industry;
 and
   (b)  "applicant"  means a university or university-affiliated research
 institute or a consortium of such institutions which request designation
 as a center in accordance with such requirements as are  established  by
 the [foundation] DEPARTMENT for this purpose.
   (C) "DEPARTMENT" MEANS THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
   2. The [foundation] DEPARTMENT shall:
   (a)  identify  technological  areas for which centers should be desig-
 nated including technological areas that are related to industries  with
 significant  potential  for  economic growth and development in New York
 state and technological areas that are related  to  the  enhancement  of
 productivity in various industries located in New York state.
   (b) establish criteria that applicants must satisfy for designation as
 a center, including, but not limited to the following:
   (i)  an established record of research, development and instruction in
 the area or areas of technology involved;
   (ii) the capacity to conduct research and  development  activities  in
 collaboration with business and industry;
   (iii)  the  capacity  to  secure substantial private and other govern-
 mental funding for the proposed center, in amounts at least equal to the
 total of support sought from the state;
   (iv) the ability and willingness to cooperate with other  institutions
 in  the  state in conducting research and development activities, and in
 disseminating research results; and to work with technical and community

 S. 2508--A                         99                         A. 3008--A
 
 colleges in the state to enhance the quality of technical  education  in
 the area or areas of technology involved;
   (v)  the  ability  and  willingness to cooperate with the [foundation]
 DEPARTMENT and other economic  development  agencies  in  promoting  the
 growth  and  development  in  New York state of industries based upon or
 benefiting from the area or areas of technology involved.
   (c) establish such  requirements  as  it  deems  appropriate  for  the
 format,  content  and  filing of applications for designation as centers
 for advanced technology.
   (d) establish such procedures as it deems appropriate for  the  evalu-
 ation  of applications for designation as centers for advanced technolo-
 gy, including the  establishment  of  peer  review  panels  composed  of
 nationally  recognized experts in the technological areas and industries
 to which the application is related.
   (E) NOTWITHSTANDING THE CRITERIA SET FORTH IN THIS SUBDIVISION, OR ANY
 PROVISION OF LAW TO THE CONTRARY, THE UNIVERSITIES, UNIVERSITY-AFFILIAT-
 ED RESEARCH INSTITUTES OR A CONSORTIUM OF SUCH  INSTITUTIONS  DESIGNATED
 AS  CENTERS OF EXCELLENCE UNDER SECTION FOUR HUNDRED TEN OF THE ECONOMIC
 DEVELOPMENT LAW  ON OR BEFORE THE EFFECTIVE DATE OF THE CHAPTER  OF  THE
 LAWS  OF  TWO  THOUSAND  TWENTY-ONE  THAT  AMENDED THIS SECTION SHALL BE
 DESIGNATED AS CENTERS FOR ADVANCED TECHNOLOGY FOR A PERIOD OF TWO YEARS,
 DURING WHICH TIME A COMPETITION WILL BE HELD TO AWARD  TEN  YEAR  DESIG-
 NATIONS  TO APPLICANTS DEEMED TO HAVE SIGNIFICANT ECONOMIC IMPACT POTEN-
 TIAL. THE NUMBER OF AWARDS MADE AS A RESULT OF SUCH COMPETITION SHALL BE
 AT LEAST EQUAL TO THE NUMBER OF CENTERS OF EXCELLENCE. CENTERS OF EXCEL-
 LENCE RECEIVING A TWO YEAR CENTER DESIGNATION SHALL  INCLUDE:    BUFFALO
 CENTER  OF  EXCELLENCE  IN  BIOINFORMATICS  AND  LIFE SCIENCES; SYRACUSE
 CENTER OF EXCELLENCE IN ENVIRONMENTAL AND ENERGY SYSTEMS; ALBANY  CENTER
 OF  EXCELLENCE  IN  NANOELECTRONICS; STONY BROOK CENTER OF EXCELLENCE IN
 WIRELESS AND INFORMATION TECHNOLOGY; BINGHAMTON CENTER OF EXCELLENCE  IN
 SMALL  SCALE  SYSTEMS  INTEGRATION  AND PACKAGING; STONY BROOK CENTER OF
 EXCELLENCE IN ADVANCED ENERGY RESEARCH; BUFFALO CENTER OF EXCELLENCE  IN
 MATERIALS  INFORMATICS;  ROCHESTER  CENTER  OF EXCELLENCE IN SUSTAINABLE
 MANUFACTURING; ROCHESTER CENTER OF EXCELLENCE IN DATA  SCIENCE;  RENSSE-
 LAER  POLYTECHNIC  INSTITUTE, ROCHESTER INSTITUTE OF TECHNOLOGY, AND NEW
 YORK UNIVERSITY  CENTER  OF  EXCELLENCE  IN  DIGITAL  GAME  DEVELOPMENT;
 CORNELL  UNIVERSITY  CENTER  OF EXCELLENCE IN FOOD AND AGRICULTURE INNO-
 VATION; ALBANY CENTER OF EXCELLENCE IN DATA SCIENCE IN  ATMOSPHERIC  AND
 ENVIRONMENTAL PREDICTION AND INNOVATION; NEW YORK MEDICAL COLLEGE CENTER
 OF  EXCELLENCE  IN PRECISION RESPONSES TO BIOTERRORISM AND DISASTER; AND
 CLARKSON - SUNY ESF CENTER OF EXCELLENCE IN HEALTHY WATER SOLUTIONS.
   3. (a) From such funds as may be appropriated for this purpose by  the
 legislature,  the [foundation] DEPARTMENT may provide financial support,
 through contracts or other means, to  designated  centers  for  advanced
 technology,  in  order to enhance and accelerate the development of such
 centers.  Funds received pursuant to this subdivision may  be  used  for
 purchase  of  equipment  and fixtures, employment of faculty and support
 staff, provision of graduate fellowships, and other purposes approved by
 the  [foundation]  DEPARTMENT,  but  may  not  be   used   for   capital
 construction.  In  each  case,  the  amount provided by the [foundation]
 DEPARTMENT to a center shall be matched by commitments of  support  from
 private and governmental other than state sources provided that:
   (i)  funds  or  in-kind  resources  provided  by the public or private
 university of which the center is a part  may  be  counted  towards  the
 match;
   (ii) such match shall not be required on a project-by-project basis;

 S. 2508--A                         100                        A. 3008--A
 
   (iii)  matching  funds  received from businesses with no more than one
 hundred employees shall count as double the actual dollar amount  toward
 the center's overall match requirement;
   (iv) funds used by the center for any workforce development activities
 required by the [foundation] DEPARTMENT shall not be included as part of
 the  center's  award  when  determining  the  amount  of  matching funds
 required by the [foundation] DEPARTMENT.  Such activities shall include,
 but are not limited to, helping incumbent  workers  expand  their  skill
 sets  through  short  courses, seminars, and workshops; providing indus-
 try-driven research assistant opportunities for students, and aiding  in
 the  development  of  undergraduate and graduate courses in the center's
 technology focus to help ensure that students are trained  to  meet  the
 needs of industry;
   (v)  centers  may  use  not  more then twenty-five percent of indirect
 costs towards any match requirements.
   (b) (I) The [amount provided  by  the  foundation  shall  be  made  in
 accordance with the following:
   (i)  for the academic year in which it is first funded as a designated
 center, and the five subsequent  years,  the]  amount  provided  by  the
 [foundation]  DEPARTMENT  to  a  center  shall be matched equally by the
 center[;
   (ii) beginning in the sixth academic year following the academic  year
 in  which  a  center is first funded as a designated center and for each
 academic year thereafter, amounts provided by the foundation  of  up  to
 seven  hundred  fifty  thousand  dollars shall be matched equally by the
 center, amounts in excess of seven hundred fifty thousand dollars  shall
 be matched by the center in amounts of at least the percentage set forth
 herein:  in  the  sixth year, one hundred twenty percent; in the seventh
 year, one hundred forty percent; in the eighth year, one  hundred  sixty
 percent;  in  the  ninth  year, one hundred eighty percent; in the tenth
 year and each year thereafter, two hundred percent;
   (iii) beginning in the ninth academic year following the academic year
 in which a center is first funded as a designated center, the foundation
 shall evaluate such center's area of advanced  technology  to  determine
 whether  it  has  continued significant potential for enhancing economic
 growth in New York, or whether the application of  technologies  in  the
 area  could  significantly enhance the productivity and stability of New
 York businesses;
   (iv) upon]. (II) UPON a finding by the [foundation] DEPARTMENT that an
 area of advanced technology  has  continued  significant  potential  for
 enhancing  economic growth in New York, or that the application of tech-
 nologies in the area could significantly enhance  the  productivity  and
 stability  of  New  York  businesses,  the  [foundation] DEPARTMENT will
 initiate a redesignation process in accordance with  the  standards  and
 criteria set forth in paragraph (b) of subdivision two and in accordance
 with paragraphs (c) and (d) of subdivision two of this section.
   [(1)  In the event a new center is selected in the redesignation proc-
 ess, the foundation shall provide funds to such new center in accordance
 with the funding match requirements set forth in subparagraphs  (i)  and
 (ii) of paragraph (a) of this subdivision.
   (2) In the event a previously designated center is redesignated in the
 same  area of technology, which redesignation is effective for the tenth
 academic year following the first academic year of both designation  and
 funding,  then, in that year and in each year thereafter, the foundation
 shall provide funds of up to seven hundred fifty thousand dollars to  be
 matched  equally by the center, amounts in excess of seven hundred fifty

 S. 2508--A                         101                        A. 3008--A

 thousand dollars shall be matched by the center in amounts of  at  least
 two hundred percent.
   (3)]  (III) In the event a currently designated center is not selected
 in the redesignation process for an additional term, or upon  a  finding
 by the [foundation] DEPARTMENT that the area of advanced technology does
 not  have  significant  potential  for  enhancing economic growth in New
 York, or upon a finding that the application  of  technologies  in  that
 area  would  not significantly enhance the productivity and stability of
 New York businesses, then the  [foundation]  DEPARTMENT  shall,  in  the
 tenth  academic  year following such center's first both designation and
 funding, which year shall be the final year of funding for such  center,
 provide an amount of up to five hundred thousand dollars.
   (c)  Continued funding of the operations of each center shall be based
 upon a showing that: the center continues to comply  with  the  criteria
 established  by the [foundation] DEPARTMENT pursuant to paragraph (b) of
 subdivision two of this section; a demonstration of assistance to  small
 businesses  in  New  York state through research, technology transfer or
 other means as approved by  the  [foundation]  DEPARTMENT;  evidence  of
 partnerships   with  other  appropriate  entities  to  develop  outreach
 networks and ensure that companies receive access to appropriate federal
 funding for technology development  and  commercialization  as  well  as
 non-research assistance such as general business consulting. Appropriate
 partners  are  those  with  which the center demonstrates a relationship
 that enhances and advances the center's ability to aid  economic  growth
 in New York state; and compliance with the rules, regulations and guide-
 lines of the [foundation] DEPARTMENT; and, compliance with any contracts
 between the [foundation] DEPARTMENT and the designated center.
   (d)  Each  center  shall  report on its activities to the [foundation]
 DEPARTMENT in a manner and according to the schedule established by  the
 [foundation]  DEPARTMENT,  and shall provide such additional information
 as the [foundation] DEPARTMENT may require provided,  that  quantifiable
 economic  development  impact  measures are not restricted to any period
 less than five years and that centers provide a full description of  all
 non-quantifiable  measures.   The [foundation] DEPARTMENT shall evaluate
 center operations using methods such as site visits, reporting of speci-
 fied information and peer review evaluations using experts in the  field
 of  technology  in  which  the  center  was designated. The [foundation]
 DEPARTMENT shall notify each center of the results  of  its  evaluations
 and  findings  of  deficiencies  in  the operation of such center or its
 research, education,  or  technology  commercialization  activities  and
 shall  work  with  such centers to remedy such findings. If such factors
 are not remedied, the [foundation] DEPARTMENT  may  withdraw  the  state
 funding  support,  in  whole  or  in part, or withdraw the center desig-
 nation.
   (e) In order to encourage that the results of center research  benefit
 New  York  state, designation and continued funding of each center shall
 be contingent upon  each  center's  establishing  within  its  licensing
 guidelines  the  following:  after  payment  of  the inventor's share, a
 reduced payment due to the university of any royalty,  income  or  other
 consideration  earned  from the license or sale of intellectual property
 rights created or developed at, or through the use of, the facilities of
 the center by any person or entity if the manufacturing or use resulting
 from such intellectual property rights occurs within New York state. The
 [foundation] DEPARTMENT shall promulgate rules and regulations regarding
 the provisions of the licensing  guidelines  described  herein  as  they

 S. 2508--A                         102                        A. 3008--A
 
 apply  to  such reduced payment, and such provisions shall be subject to
 the approval of the [foundation] DEPARTMENT.
   4.  From  such  funds  as  may be appropriated for this purpose by the
 legislature, the [foundation] DEPARTMENT may provide grants to  any  one
 university or university-affiliated research institution for purposes of
 planning  and  program  development aimed at enabling such university or
 university-affiliated research institution to qualify for designation as
 a center. Such grants shall be awarded on a competitive basis, and shall
 be available only to those applicants  which  in  the  judgment  of  the
 [foundation]  DEPARTMENT  may reasonably be expected to be designated as
 centers. No applicant shall receive more than one such grant.
   5. (a) From such funds as may  be  appropriated  for  the  purpose  of
 incentive grants or other funds which may be available from the [founda-
 tion] DEPARTMENT to enhance center activities in areas of crucial inter-
 est in the state's economic development, the [foundation] DEPARTMENT may
 provide  grants, on a competitive basis, to centers for projects includ-
 ing, but not limited to, those which:
   (i) explore new technologies  with  commercial  application  conducted
 jointly  by  two  or more centers or a center and non-center university,
 college or community college;
   (ii) are aimed at enhancing or accelerating the  process  of  bringing
 new  products,  particularly  those under development by new small busi-
 nesses, to the marketplace; or
   (iii) increase technology transfer projects with  the  state's  mature
 manufacturing  industries  in applying technology in their manufacturing
 processes or for new product development.
   (b) State support for incentive grants may be matched on an individual
 basis by the [foundation] DEPARTMENT, which may  consider  the  type  of
 project  and  the  availability  of amounts from private, university and
 governmental, other than state, sources.
   6. (a) The [foundation] DEPARTMENT shall make an annual report of  the
 centers for advanced technology program to the governor and the legisla-
 ture  not  later  than  September  first of each year. Such report shall
 include, but not be  limited  to,  the  results  of  the  [foundation's]
 DEPARTMENT'S evaluation of each center, a description of the achievement
 of  each center, any deficiencies in the operation of each center or its
 research, education and technology commercialization activities, remedi-
 al actions recommended by the [foundation] DEPARTMENT, remedial  actions
 taken  by  each  center,  a description of the small business assistance
 provided by each center, a description of any  incentive  grant  program
 awarded  a  grant by the [foundation] DEPARTMENT and the achievements of
 such program, and the amount of financial  assistance  provided  by  the
 [foundation] DEPARTMENT and the level of matching funds provided by each
 center and the uses of such monies.
   (b)  Annual  reports shall include a discussion of any fields of tech-
 nology that the foundation has identified as having  significant  poten-
 tial  for  economic growth or improved productivity and stability of New
 York businesses and in which no center for advanced technology has  been
 designated  and  recommendations  of  the  [foundation] DEPARTMENT as to
 actions that should be taken.
   § 3. This act shall take effect immediately, provided, however section
 one of this act shall take effect April 1, 2023.
 
                                  PART LL

 S. 2508--A                         103                        A. 3008--A
 
   Section 1. Paragraph (a) of subdivision 1 of section 9-x of the  bank-
 ing law, as amended by section 1 of part C of chapter 126 of the laws of
 2020, is amended to read as follows:
   (a)  "Covered  period" means March 7, 2020 until the LATER OF DECEMBER
 31, 2021 OR THE date on which none of  the  provisions  that  closed  or
 otherwise  restricted  public  or private businesses or places of public
 accommodation, or required postponement or cancellation of  all  non-es-
 sential  gatherings  of individuals of any size for any reason in Execu-
 tive Orders 202.3, 202.4, 202.5, 202.6, 202.7,  202.8,  202.10,  202.11,
 202.13  or 202.14, as extended by Executive Orders 202.28 and 202.31 and
 as further extended by any future Executive Order, issued in response to
 the COVID-19 pandemic continue to apply in the county of  the  qualified
 mortgagor's residence;
   § 2. This act shall take effect immediately.
 
                                  PART MM
 
   Section 1. This act enacts into law components of legislation relating
 to  eviction  and  foreclosure  protections  for  tenants  and owners of
 commercial real property. Each component is wholly  contained  within  a
 subpart  identified as Subparts A through B. The effective date for each
 particular provision contained within such Subpart is set forth  in  the
 last  section  of such Subpart.   Any provision in any section contained
 within a subpart, including the effective date  of  the  subpart,  which
 makes reference to a section "of this act", when used in connection with
 that  particular  component,  shall  be  deemed to mean and refer to the
 corresponding section of the subpart in which it is found.  Section five
 of this act sets forth the general effective date of this act.
   § 2. Short title. This act shall be known and  may  be  cited  as  the
 "COVID-19  Emergency Eviction and Foreclosure Prevention for Tenants and
 Owners of Commercial Real Property Act of 2021".
   § 3. Legislative intent. The Legislature finds and declares all of the
 following:
   1. On March 7, 2020, Governor Andrew Cuomo proclaimed a state of emer-
 gency in response to the Coronavirus disease (COVID-19) pandemic.  Meas-
 ures  necessary  to  contain  the  spread of COVID-19 have brought about
 widespread economic and societal disruption, placing the  state  of  New
 York in unprecedented circumstances.
   2.  COVID-19  presents  a  historic  threat  to  public health and the
 economic well-being of New Yorkers. Commercial tenants and real property
 owners are facing eviction  or  foreclosure  due  to  necessary  disease
 control  measures  that  reduced  businesses  revenue and triggered mass
 unemployment across the state.
   3. The pandemic has further interrupted court operations,  the  avail-
 ability  of counsel, the ability for parties to pay for counsel, and the
 ability to safely commute and enter a courtroom,  settlement  conference
 and the like.
   4.  A  temporary prohibition of evictions and foreclosures for commer-
 cial properties is to the mutual benefit of all  New  Yorkers  and  will
 help  the  state  address  the  financial  toll of the pandemic, protect
 public health, and set the stage for economic recovery.
   5. As such, a limited, temporary stay  is  necessary  to  protect  the
 public health, financial security, and morals of the people the Legisla-
 ture represents from the dangers of the COVID-emergency pandemic.
 
                                 SUBPART A

 S. 2508--A                         104                        A. 3008--A
 
   Section 1. Definitions. For the purposes of this act:
   1.  "Eviction  proceeding"  means  a  summary  proceeding  to  recover
 possession of real property relating to a commercial unit under the real
 property actions and proceedings law for nonpayment of rent or any other
 judicial proceeding to recover possession of  commercial  real  property
 for nonpayment of rent.
   2.  "Landlord"  includes  a  landlord,  owner of real property and any
 other person with a legal right to pursue eviction,  possessory  action,
 or  a  money  judgment for rent, including arrears, owed or that becomes
 due during the COVID-19 covered period, as defined in section 1 of chap-
 ter 127 of the laws of 2020.
   3. "Tenant" includes a commercial tenant, or any other person or enti-
 ty responsible for paying rent, use and occupancy, or any  other  finan-
 cial  obligation  under  a lease for real property or tenancy agreement,
 but does not include a residential tenant of a dwelling unit.
   4. "Hardship declaration" means the following statement, or a substan-
 tially  equivalent  statement  in  the  tenant's  primary  language,  in
 14-point  type, published by the office of court administration, whether
 in physical or electronic form, regarding the financial hardship of  the
 tenant and signed under the penalty of perjury by the tenant:
 "NOTICE  TO  COMMERCIAL TENANT: If you have lost income or had increased
 costs during the COVID-19 pandemic as described in this hardship  decla-
 ration  and you sign and deliver this hardship declaration to your land-
 lord, you cannot be evicted until at least May 1, 2021 for nonpayment of
 rent. You or your licensees may still  be  evicted  for  violating  your
 lease by persistently engaging in behavior that infringes on the use and
 enjoyment  of  other tenants or occupants or causes a substantial safety
 hazard to others. If your landlord has provided you with this form, your
 landlord must also provide you with a mailing address and email  address
 to  which you can return this form. If your landlord has already started
 an eviction proceeding against you, you can return this form  to  either
 your landlord, the court, or both at any time. You should keep a copy or
 a  picture  of  the signed form for your records. You will still owe any
 unpaid rent to your landlord. You should also keep careful track of what
 you have paid and any amount you still owe.
 COMMERCIAL TENANT'S DECLARATION OF HARDSHIP DURING THE COVID-19  PANDEM-
 IC:   I am a commercial tenant, lawful occupant, or other person respon-
 sible for paying rent, use and occupancy, or any other  financial  obli-
 gation  under  a  commercial  lease  or  commercial tenancy agreement at
 (address of commercial property).
   You must indicate below your qualification for eviction protection  by
 checking the appropriate box and signing the declaration:
 My  business  is  experiencing  financial  hardship  due to the COVID-19
 pandemic, I certify I have not received any federal, state or local  aid
 for  businesses  harmed  by  COVID-19, and I am unable to pay my rent or
 other financial obligations under the  lease  in  full  because  of  the
 following:
 
 ( )  My  business was subject to seating, occupancy or on-premises pres-
 ence limitations due to COVID-19 safety measures as required by New York
 State Executive Orders and the business suffered a significant  loss  of
 income  or  significant  increase in cost, the approximate percentage of
 which may be required to be provided or proved by documentation;
 ( ) My business has experienced a reduction  in  gross  receipts  by  at
 least  thirty-five  percent for any three-month term during the COVID-19

 S. 2508--A                         105                        A. 3008--A
 
 coverage period that is comparable to a three-month term in 2019,  which
 may be required to be proved by documentation;
 ( ) My business has experienced a net decrease in employment by at least
 thirty-five  percent for any three-month term during the COVID-19 cover-
 age period that is comparable to a three-month term in 2019,  which  may
 be required to be proved by documentation; or
 ( ) I attest that my business was in receipt of federal, state, or local
 aid  for  businesses financially harmed by COVID-19, however the amounts
 received _____ (fill in  amount)  was  insufficient  to  pay  fully  any
 arrears,  and  my  business still meets one or more of the criteria laid
 out above and I qualify for financial hardship under this section.
   I understand that I must comply with all other lawful terms  under  my
 tenancy,  lease agreement or similar contract. I further understand that
 lawful fees, penalties or interest for not having paid rent in  full  or
 met  other financial obligations as required by my tenancy, lease agree-
 ment or similar contract may still  be  charged  or  collected  and  may
 result  in  a monetary judgment against me. I further understand that my
 landlord may be able to seek eviction after May 1, 2021,  and  that  the
 law  may provide certain protections at that time that are separate from
 those available through this declaration.
 
 Signed:
 Printed name:
 Date signed:
 
 NOTICE: You are signing and submitting this form under penalty  of  law.
 That  means  it is against the law to make a statement on this form that
 you know is false."
   § 2. Notwithstanding any law to  the  contrary  no  commercial  tenant
 shall  be  removed  from  possession  prior to May 1, 2021, except by an
 eviction proceeding.
   § 3. Pending eviction proceedings. Any eviction proceeding pending  on
 the  effective date of this act, including eviction proceedings filed on
 or before March 7, 2020, or commenced within thirty days of  the  effec-
 tive  date  of  this act shall be stayed for at least thirty days, or to
 such later date that the chief administrative judge shall  determine  is
 necessary  to  ensure that courts are prepared to conduct proceedings in
 compliance with this act and to give tenants an  opportunity  to  submit
 the  hardship  declaration  pursuant to this act. The court in each case
 shall promptly issue an order directing such stay and promptly mail  the
 respondent a copy of the hardship declaration.
   §  4. Prohibition on initiation of eviction proceeding. If there is no
 pending eviction proceeding and a tenant provides a hardship declaration
 to the landlord or an agent of the landlord, there shall  be  no  initi-
 ation of an eviction proceeding against the tenant until at least May 1,
 2021,  and in such event any specific time limit for the commencement of
 an eviction proceeding shall be tolled until May 1, 2021.
   § 5. Required affidavit. 1. No court shall accept for filing any peti-
 tion or complaint or other filing to  commence  an  eviction  proceeding
 unless  the  petitioner or an agent of the petitioner or plaintiff files
 an affidavit of service, attesting to the service of both  the  eviction
 papers  and an unexecuted copy of the hardship declaration, and accompa-
 nied by an affidavit by petitioner or plaintiff that:
   a. at the time of filing, neither the petitioner or the plaintiff  nor
 any  agent of the petitioner or plaintiff has received a hardship decla-
 ration from the respondent or defendant, or

 S. 2508--A                         106                        A. 3008--A
 
   b. the respondent or defendant has returned  a  hardship  declaration,
 but  the respondent or its licensees are persistently engaging in behav-
 ior that infringes on the use and enjoyment of other  tenants  or  occu-
 pants  or  causes a substantial safety hazard to others, with a specific
 description of the behavior alleged.
   2.  Upon  accepting  a  petition  or complaint the attorney, judge, or
 clerk of the court, as the case may be, shall determine whether  a  copy
 of  the hardship declaration is annexed to the served notice of petition
 or summons and complaint and, if not, shall  ensure  that  the  hardship
 declaration  is  attached  to  such  notice  or summons. At the earliest
 possible opportunity, the court shall seek confirmation on the record or
 in writing from the respondent  or  defendant  that  the  respondent  or
 defendant  has received the hardship declaration and that the respondent
 or defendant has not submitted a hardship declaration to the  petitioner
 or plaintiff, an agent of the petitioner or plaintiff, or the court.
   §  6.  Pending  proceedings.  In  any  eviction proceeding in which an
 eviction warrant or judgment of possession or  ejectment  has  not  been
 issued, including eviction proceedings filed on or before March 7, 2020,
 if  the  tenant  provides  a  hardship  declaration to the petitioner or
 plaintiff, the court, or an agent of the petitioner or  the  court,  the
 eviction  proceeding shall be stayed until at least May 1, 2021. If such
 hardship declaration is provided to the petitioner or plaintiff or their
 agent, such petitioner or plaintiff or their agent shall  promptly  file
 it with the court, advising the court in writing the index number of all
 relevant cases.
   § 7. Sections two, three, four, and six of this act shall not apply if
 the  tenant  or its licensees are persistently engaging in behavior that
 infringes on the use and enjoyment of  other  tenants  or  occupants  or
 causes a substantial health or safety hazard to others.
   § 8. Translation of hardship declaration. The office of court adminis-
 tration  shall translate the hardship declaration, as defined in section
 one of this act, into Spanish and the six most common languages  in  the
 city of New York, after Spanish, and shall post and maintain such trans-
 lations  and an English language copy of the hardship declaration on the
 website of such office beginning within fifteen days  of  the  effective
 date  of this act. To the extent practicable, the office of court admin-
 istration shall post and maintain on its website translations into  such
 additional languages as the chief administrative judge shall deem appro-
 priate  to  ensure  that  tenants  have an opportunity to understand and
 submit hardship declarations pursuant to this act.
   § 9. If any clause, sentence, paragraph, section, or part of this  act
 shall  be  adjudged by any court of competent jurisdiction to be invalid
 and after exhaustion of all further judicial review, the judgment  shall
 not  affect,  impair  or  invalidate the remainder thereof, but shall be
 confined in its operation to the clause, sentence, paragraph, section or
 part of this act directly involved in the controversy in which the judg-
 ment shall have been rendered.
   § 10. This act shall take effect immediately and  sections  one,  two,
 three, four, five, six, seven, and eight of this act shall expire May 1,
 2021.
 
                                 SUBPART B
 
   Section  1.  This  subpart  enacts  into law components of legislation
 relating to mortgage foreclosures.

 S. 2508--A                         107                        A. 3008--A
 
   § 2. Application. This act shall apply to any action  to  foreclose  a
 mortgage relating to a commercial or multi-family real property.
   (a) For purposes of this act, real property shall not include residen-
 tial  real  property  that is subject to the COVID-19 Emergency Eviction
 and Foreclosure Prevention Act of 2020.
   (b) For purposes of this act, real property shall not include property
 that has not been maintained or  has  not  been  actively  marketed  for
 rental  for a continuous period of six months before the submission of a
 hardship declaration pursuant to this action.
   (c) Notwithstanding anything to the contrary, this act shall not apply
 to and does not affect any mortgage loans made,  insured,  purchased  or
 securitized  by a corporate governmental agency of the state constituted
 as a political subdivision and public benefit corporation, or the rights
 and obligations of any lender, issuer,  servicer,  or  trustee  of  such
 obligations.
   § 3. Definitions. For the purposes of this act, "Hardship Declaration"
 means  the following statement, or a substantially similar statement, in
 the mortgagor's primary language, in 14-point  type,  published  by  the
 office  of  court administration, whether in physical or electronic form
 and signed under the penalty of perjury stating the following:
 "NOTICE TO MORTGAGOR: If you have lost income  or  had  increased  costs
 during  the  COVID-19 pandemic as described in this hardship declaration
 and you sign and deliver this  hardship  declaration  to  your  mortgage
 lender,  you  cannot be foreclosed on until at least May 1, 2021. You or
 your licensees may still be evicted for violating your lease by  persis-
 tently  engaging  in behavior that infringes on the use and enjoyment of
 other tenants or occupants or causes  a  substantial  safety  hazard  to
 others.
 If your mortgage lender or other foreclosing party has provided you with
 this  form,  they must also provide you with a mailing address and email
 address to which you can return this form. If your  mortgage  lender  or
 other  foreclosing  party  has  already started a foreclosure proceeding
 against you, you can return this form to either your mortgage lender  or
 the foreclosing party, the court, or both at any time. You should keep a
 copy  or  a  picture of the signed form for your records. You will still
 owe any unpaid mortgage payments and lawful fees  to  your  lender.  You
 should  also keep careful track of what you have paid and any amount you
 still owe.
 COMMERCIAL MORTGAGOR'S DECLARATION OF COVID-19  BUSINESS  RELATED  HARD-
 SHIP:    I  am  the  mortgagor of the property at (address of commercial
 business). I am experiencing financial hardship and I have not  received
 any  federal,  state,  or local aid for businesses financially harmed by
 COVID-19, and I am unable to pay my mortgage in full because of  one  or
 more of the following:
 
 ( )  One or more of my tenants have defaulted on a significant amount of
 rent payments since March 1, 2020, which may be required to be proved by
 documentation;
 ( ) My tenant's business was subject to seating, occupancy or on-premis-
 es presence limitations due to COVID-19 safety measures as  required  by
 New  York State Executive Orders and the business suffered a significant
 loss or income or increase in cost which has resulted in  the  reduction
 of  a  significant  amount of rent payments, which may be required to be
 proved by documentation;

 S. 2508--A                         108                        A. 3008--A
 
 ( ) I have suffered a significant reduction in revenue  or  increase  in
 cost  for  any  three-month  period during the COVID-19 coverage period,
 which may be required to be proved by documentation.
 I  attest that if my business was in receipt of federal, state, or local
 aid for businesses financially harmed by COVID-19, that such  amount  of
 ________  (fill in amount), was insufficient to cover my mortgage and my
 business still meets the criteria laid  out  above  and  I  qualify  for
 financial  hardship  under this section. I understand that I must comply
 with all the other lawful terms under my mortgage agreement.  I  further
 understand  that  lawful fees, penalties or interest for not having paid
 my mortgage in full as required by my mortgage agreement  may  still  be
 charged or collected and may result in a monetary judgment against me. I
 also  understand  that my mortgage lender or other foreclosing party may
 pursue a foreclosure action against me on or after May 1, 2021, if I  do
 not fully repay any missed or partial payments and lawful fees.
 
 Signed:
 Printed name:
 Date signed:
 
 NOTICE:  You  are signing and submitting this form under penalty of law.
 That means it is against the law to make a statement on this  form  that
 you know is false."
   §  4. Any action to foreclose a mortgage pending on the effective date
 of this act, including actions filed on or  before  March  7,  2020,  or
 commenced  within thirty days of the effective date of this act shall be
 stayed for at least thirty days, or to such later date  that  the  chief
 administrative  judge shall determine is necessary to ensure that courts
 are prepared to conduct proceedings in compliance with this act  and  to
 give mortgagors an opportunity to submit the hardship declaration pursu-
 ant  to  this  act. The court in each case shall promptly issue an order
 directing such stay and promptly mail the mortgagor a copy of the  hard-
 ship declaration.
   § 5. If a mortgagor provides a hardship declaration to the foreclosing
 party or an agent of the foreclosing party, there shall be no initiation
 of  an  action  to  foreclose  a mortgage against the mortgagor until at
 least May 1, 2021, and in such event any specific  time  limit  for  the
 commencement  of an action to foreclose a mortgage shall be tolled until
 May 1, 2021.
   § 6. No court shall accept for filing any action to foreclose a  mort-
 gage  unless  the foreclosing party or an agent of the foreclosing party
 files an affidavit, of service demonstrating the service of  a  copy  of
 the  summons  and  complaint or notice of petition, along with an unexe-
 cuted copy of the hardship declaration; and an affidavit  by  the  peti-
 tioner  attesting  that  at  the time of filing, neither the foreclosing
 party nor any agent of the foreclosing party  has  received  a  hardship
 declaration  from  the  mortgagor. At the earliest possible opportunity,
 the court shall seek confirmation on the record or in writing  that  the
 mortgagor  has  received a copy of the hardship declaration and that the
 mortgagor has not returned the hardship declaration to  the  foreclosing
 party  or  an  agent of the foreclosing party. If the court determines a
 mortgagor has not received a hardship declaration, then the court  shall
 stay  the  proceeding for a reasonable period of time, which shall be no
 less than ten business days or any longer period  provided  by  law,  to
 ensure the mortgagor received and fully considered whether to submit the
 hardship declaration.

 S. 2508--A                         109                        A. 3008--A
 
   § 7. In any action to foreclose a mortgage in which a judgment of sale
 has  been issued prior to the effective date of this act but has not yet
 been executed as of the effective date of this  act,  including  actions
 filed  on or before March 7, 2020, the court shall stay the execution of
 the  judgment at least until the court has held a status conference with
 the parties.  In any action to foreclose a mortgage,  if  the  mortgagor
 provides  a hardship declaration to the foreclosing party, the court, or
 an agent of the foreclosing party or the court, prior to  the  execution
 of  the  judgment,  the  execution shall be stayed until at least May 1,
 2021. If such hardship declaration is provided to the foreclosing  party
 or agent of the foreclosing party, such foreclosing party or agent shall
 promptly file it with the court, advising the court in writing the index
 number of all relevant cases.
   §  8. If any clause, sentence, paragraph, section, or part of this act
 shall be adjudged by any court of competent jurisdiction to  be  invalid
 and  after exhaustion of all further judicial review, the judgment shall
 not affect, impair or invalidate the remainder  thereof,  but  shall  be
 confined in its operation to the clause, sentence, paragraph, section or
 part of this act directly involved in the controversy in which the judg-
 ment shall have been rendered.
   §  9.  This  act  shall take effect immediately and sections one, two,
 three, four, five, six and seven of this act shall expire May 1, 2021.
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  5.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Subparts A through B of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART NN
 
   Section  1. Section 1 of subpart H of part C of chapter 20 of the laws
 of 2015, appropriating money  for  certain  municipal  corporations  and
 school  districts,  as amended by section 1 of part AAA of chapter 59 of
 the laws of 2018, is amended to read as follows:
   Section 1. Contingent  upon  available  funding,  and  not  to  exceed
 [$69,000,000] $140,000,000 moneys from the urban development corporation
 shall be available for a local government entity, which for the purposes
 of  this  section  shall  mean  a  county,  city,  town, village, school
 district or special district, where (i) on or after June  25,  2015,  an
 electric generating facility located within such local government entity
 has  ceased operations, and (ii) the closing of such facility has caused
 a reduction in the real property tax collections or payments in lieu  of
 taxes of at least twenty percent owed by such electric generating facil-
 ity.  Such  moneys attributable to the cessation of operations, shall be
 paid annually on a first come, first served basis by the urban  develop-
 ment  corporation  to  such  local government entity within a reasonable
 time upon confirmation from  the  state  office  of  real  property  tax
 services  or  the  local  industrial  development  authority established
 pursuant to titles eleven and fifteen of article  eight  of  the  public

 S. 2508--A                         110                        A. 3008--A
 
 authorities  law, or the local industrial development agency established
 pursuant to article eighteen-A of the general municipal  law  that  such
 cessation  has  resulted  in  a  reduction  in  the  real  property  tax
 collections  or  payments  in lieu of taxes, provided, however, that the
 urban development corporation shall not provide assistance to such local
 government entity for more than seven years, and  shall  award  payments
 reflecting  the  loss  of revenues due to the cessation of operations as
 follows:
 
         Award Year                Maximum Potential Award
             1           no more than eighty percent of loss of revenues
             2           no more than seventy percent of loss of revenues
             3           no more than sixty percent of loss of revenues
             4           no more than fifty percent of loss of revenues
             5           no more than forty percent of loss of revenues
             6           no more than thirty percent of loss of revenues
             7           no more than twenty percent of loss of revenues
 
   A local government entity shall be eligible for only  one  payment  of
 funds hereunder per year.  A local government entity may seek assistance
 under  the electric generation facility cessation mitigation fund once a
 generator has submitted its notice to the federally designated  electric
 bulk  system  operator (BSO) serving the state of New York of its intent
 to retire the facility or of its intent to voluntarily remove the facil-
 ity from service subject to  any  return-to-service  provisions  of  any
 tariff,  and  that the facility also is ineligible to participate in the
 markets operated by the BSO. The date of submission of a  local  govern-
 ment  entity's  application  for assistance shall establish the order in
 which assistance is paid to program applicants, except that in no  event
 shall  assistance  be  paid to a local government entity until such time
 that an electric generating facility has retired or become ineligible to
 participate in the markets operated by the BSO.  For  purposes  of  this
 section,  any local government entity seeking assistance under the elec-
 tric generation facility cessation mitigation fund must submit an attes-
 tation to the department of public service that a facility is no  longer
 producing electricity and is no longer participating in markets operated
 by  the BSO. After receipt of such attestation, the department of public
 service shall confirm such information with the BSO. In  the  case  that
 the  BSO  confirms to the department of public service that the facility
 is no longer producing electricity and participating in markets operated
 by such BSO, it shall be deemed that the  electric  generating  facility
 located  within  the  local  government entity has ceased operation. The
 department of public service shall  provide  such  confirmation  to  the
 urban  development  corporation  upon  receipt. The determination of the
 amount of such annual payment shall be determined by  the  president  of
 the  urban  development corporation based on the amount of the differen-
 tial between the annual real property taxes  and  payments  in  lieu  of
 taxes  imposed  upon  the facility, exclusive of interest and penalties,
 during the last year of operations and the current real  property  taxes
 and  payments  in  lieu of taxes imposed upon the facility, exclusive of
 interest and penalties. The total amount awarded from this program shall
 not exceed [$69,000,000] $140,000,000.
   § 2. This act shall take effect immediately; provided,  however,  that
 the  amendments to section 1 of subpart H of part C of chapter 20 of the
 laws of 2015 made by section one of this act shall not affect the repeal
 of such subpart and shall be deemed repealed therewith.

 S. 2508--A                         111                        A. 3008--A
 
                                  PART OO
 
   Section  1. Section 5 of chapter 108 of the laws of 2020, amending the
 public service law relating to issuing a moratorium  on  utility  termi-
 nation  of services during periods of pandemics and/or state of emergen-
 cies, as amended by section 2 of part B of chapter 126 of  the  laws  of
 2020, is amended to read as follows:
   §  5.  This  act shall take effect immediately [and shall expire March
 31, 2021 when upon such date the provisions of this act shall be  deemed
 repealed].
   §  2.  Subdivisions  6, 7, 8 and 9 of section 32 of the public service
 law, subdivision 6 as amended and subdivisions 7, 8 and 9  as  added  by
 chapter 108 of the laws of 2020, are amended to read as follows:
   6.  No  utility corporation or municipality shall terminate or discon-
 nect services to any residential customer OR A SMALL  BUSINESS  CUSTOMER
 WITH  TWENTY-FIVE  OR  FEWER  EMPLOYEES THAT IS NOT A (I)  PUBLICLY HELD
 COMPANY, OR A SUBSIDIARY THEREOF, (II) SEASONAL, SHORT-TERM,  OR  TEMPO-
 RARY CUSTOMER, (III)  HIGH ENERGY CUSTOMER AS DEFINED BY THE COMMISSION,
 OR  (IV)  CUSTOMER THAT THE UTILITY CAN DEMONSTRATE HAS THE RESOURCES TO
 PAY THE BILL, PROVIDED THAT THE  UTILITY  NOTIFIES  THE  SMALL  BUSINESS
 CUSTOMER  OF  ITS  REASONS  AND  OF THE CUSTOMER'S RIGHT TO CONTEST THIS
 DETERMINATION THROUGH THE COMMISSION'S  COMPLAINT  PROCEDURES,  for  the
 non-payment  of  an  overdue  charge  for  the duration of [the] A state
 disaster emergency declared pursuant  to  SECTION  TWENTY-EIGHT  OF  THE
 executive  [order  two  hundred two of two thousand twenty (herein after
 "the COVID-19 state of emergency")] LAW ISSUED IN RESPONSE TO  A  STATE,
 NATIONAL,  OR GLOBAL EVENT THAT IS DEEMED TO HAVE A SIGNIFICANT NEGATIVE
 AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC FUTURE, AND NOT  DUE  TO  A
 SHORT-TERM WEATHER-RELATED DISASTER EMERGENCY.
   Utility  corporations  and municipalities shall have a duty to restore
 service, to the extent not already required under this chapter,  to  any
 residential  customer  within forty-eight hours if such service has been
 terminated FOR NON-PAYMENT during the pendency of the  [COVID-19]  state
 [of] DISASTER emergency.
   7.  [For  a period of one hundred eighty days after the COVID-19 state
 of emergency is lifted or expires, no] NO utility corporation or munici-
 pality shall terminate or disconnect the service  of  a  residential  OR
 SMALL BUSINESS customer because of defaulted deferred payment agreements
 or  arrears  owed  to  the utility corporation or municipality when such
 customer has experienced a change in financial circumstances AS  DEFINED
 BY  THE  DEPARTMENT due to [the COVID-19] A state [of] DISASTER emergen-
 cy[, as defined by the department] AS SET FORTH IN  SUBDIVISION  SIX  OF
 THIS SECTION. The utility corporation or municipality shall provide such
 residential  OR SMALL BUSINESS customer with the right to enter into, or
 restructure, a deferred payment agreement without the requirement  of  a
 down  payment,  late fees, or penalties, as such is provided for in this
 article WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR  PENALTIES
 APPLICABLE  TO  ALL  ARREARS  INCURRED  DURING THE DURATION OF THE STATE
 DISASTER EMERGENCY.
   8. Every utility corporation or municipality shall provide  notice  to
 residential  AND  SMALL  BUSINESS customers, in a writing to be included
 with a bill statement or, when appropriate, via electronic  transmission
 the provisions of this section and shall further make reasonable efforts
 to contact customers who have demonstrated a change in financial circum-
 stances  due  to  [the  COVID-19] A state [of] DISASTER emergency AS SET
 FORTH IN SUBDIVISION SIX OF THIS SECTION for  the  purpose  of  offering

 S. 2508--A                         112                        A. 3008--A
 
 such   customers  a  deferred  payment  agreement  consistent  with  the
 provisions of this article.
   9. Implementation of the provisions of this section shall not prohibit
 a  utility  or  municipality  from  recovering lost or deferred revenues
 after the lifting or expiration of [the COVID-19] A state [of]  DISASTER
 emergency  AS  SET FORTH IN SUBDIVISION SIX OF THIS SECTION, pursuant to
 such means for recovery as are provided for  in  this  chapter,  and  by
 means not inconsistent with any of the provisions of this article. Noth-
 ing in this section shall prohibit a utility corporation or municipality
 from disconnecting service necessary to protect the health and safety of
 customers and the public.
   §  3.  Subdivision 6 of section 32 of the public service law, as added
 by chapter 686 of the laws of 2002, is REPEALED.
   § 4. Subdivisions 9, 10 and 11 of section 89-b of the  public  service
 law, as added by chapter 108 of the laws of 2020, are amended to read as
 follows:
   9.  [For  a period of one hundred eighty days after the COVID-19 state
 of emergency is lifted or expires, no] NO water-works corporation  shall
 terminate or disconnect the service of a residential customer account OR
 THE  ACCOUNT  OF  A  SMALL  BUSINESS  CUSTOMER WITH TWENTY-FIVE OR FEWER
 EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THER-
 EOF, (II) SEASONAL, SHORT-TERM, OR TEMPORARY CUSTOMER, (III) HIGH  USAGE
 CUSTOMER AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT THE UTILITY
 CAN  DEMONSTRATE  HAS  THE  RESOURCES TO PAY THE BILL, PROVIDED THAT THE
 UTILITY NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND  OF  THE
 CUSTOMER'S  RIGHT TO CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S
 COMPLAINT PROCEDURES, because of defaulted deferred  payment  agreements
 or  arrears  owed  to the water-works corporation when such customer has
 experienced a change in  financial  circumstances,  AS  DEFINED  BY  THE
 DEPARTMENT,  due  to [the COVID-19] A state [of] DISASTER emergency[, as
 defined by the department] DECLARED PURSUANT TO SECTION TWENTY-EIGHT  OF
 THE  EXECUTIVE  LAW  ISSUED  IN RESPONSE TO A STATE, NATIONAL, OR GLOBAL
 EVENT THAT IS DEEMED TO RESULT IN A SIGNIFICANT NEGATIVE  AND  LONG-TERM
 IMPACT  ON  THE  STATE'S  ECONOMIC  FUTURE,  AND NOT DUE TO A SHORT-TERM
 WEATHER-RELATED DISASTER EMERGENCY.  The water-works  corporation  shall
 provide  such  residential  OR SMALL BUSINESS customer with the right to
 enter into, or restructure, a deferred  payment  agreement  without  the
 requirement  of  a  down  payment,  late  fees, or penalties, as such is
 provided for in article two of this chapter  WITH  SUCH  PROHIBITION  ON
 DOWN  PAYMENTS,  LATE  FEES,  OR  PENALTIES  APPLICABLE  TO  ALL ARREARS
 INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY.
   10. Every water-works corporation  OR  SMALL  BUSINESS  shall  provide
 notice to residential customers, in a writing to be included with a bill
 statement   or,  when  appropriate,  via  electronic  transmission,  the
 provisions of this section and shall further make reasonable efforts  to
 contact  customers  who  have demonstrated a change in financial circum-
 stances due to [the COVID-19] A state [of]  DISASTER  emergency  AS  SET
 FORTH  IN  SUBDIVISION  NINE OF THIS SECTION for the purpose of offering
 such  customers  a  deferred  payment  agreement  consistent  with   the
 provisions of this SECTION AND article TWO OF THIS CHAPTER.
   11. Implementation of the provisions of this section shall not prohib-
 it  a  water-works corporation from recovering lost or deferred revenues
 after the lifting or expiration of the [COVID-19]  state  [of]  DISASTER
 emergency  AS SET FORTH IN SUBDIVISION NINE OF THIS SECTION, pursuant to
 such means for recovery as are provided for  in  this  chapter,  and  by
 means not inconsistent with any of the provisions of this article. Noth-

 S. 2508--A                         113                        A. 3008--A
 
 ing  in  this  section  shall  prohibit  a  water-works corporation from
 disconnecting service when it is necessary to  protect  the  health  and
 safety of customers and the public.
   §  5.  Section 89-l of the public service law, as added by chapter 715
 of the laws of 1931, subdivisions 3, 4, 5 and 6 as added by chapter  108
 of the laws of 2020, is amended to read as follows:
   § 89-l. Municipal  water systems. 1. For the purposes of this section,
 and for the purposes of any jurisdiction conferred by it upon the public
 service commission, a municipality is one which owns, maintains or oper-
 ates, or proposes to own, maintain or operate, a water system, or  which
 sells,  furnishes  or  distributes,  or  proposes  to  sell,  furnish or
 distribute, water for  domestic,  commercial  or  public  uses,  whether
 provided by its own system or the system of a water-works corporation or
 another  municipality.  As  so  limited, the term "municipality" for the
 purposes of  this  section,  means  a  city,  town,  village  or  public
 district;  and a "public district," as here used, is a district or other
 territorial division, whether incorporated or  not,  whose  affairs  are
 managed by any officer or officers, person or persons, elected by voters
 or taxpayers or appointed by a public officer or officers, and includes,
 without  excluding others, a water district, water supply district and a
 fire district. The other provisions of this chapter shall not  apply  to
 such  a municipality, nor to its said business of owning, maintaining or
 operating a water system  or  of  selling,  furnishing  or  distributing
 water,  except such provisions as are applied by this section by express
 reference. The jurisdiction  of  the  public  service  commission,  with
 respect  to  such a municipality or its said business, is that, and only
 that, provided for in this section.
   2. Each such municipality shall file with the public  service  commis-
 sion  a  copy of the annual report of its division, bureau or department
 of water.
   3. No municipality shall terminate or discontinue residential  service
 OR  SERVICE TO A SMALL BUSINESS WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT
 IS NOT A (I) PUBLICLY  HELD  COMPANY,  OR  A  SUBSIDIARY  THEREOF,  (II)
 SEASONAL,  SHORT-TERM,  OR TEMPORARY CUSTOMER, (III) HIGH USAGE CUSTOMER
 AS DEFINED BY THE COMMISSION, OR (IV)  CUSTOMER  THAT  THE  UTILITY  CAN
 DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE UTILITY
 NOTIFIES  THE  SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOM-
 ER'S RIGHT  TO  CONTEST  THIS  DETERMINATION  THROUGH  THE  COMMISSION'S
 COMPLAINT  PROCEDURES,  for  the nonpayment of bills, taxes, or fees for
 the duration of [the] A state disaster emergency  declared  pursuant  to
 [executive order two hundred two of two thousand twenty (hereinafter the
 "COVID-19  state  of  emergency")] SECTION TWENTY-EIGHT OF THE EXECUTIVE
 LAW IN RESPONSE TO A STATE, NATIONAL, OR GLOBAL EVENT THAT IS DEEMED  TO
 RESULT  IN  A  SIGNIFICANT  NEGATIVE AND LONG-TERM IMPACT ON THE STATE'S
 ECONOMIC FUTURE, AND NOT DUE TO A  SHORT-TERM  WEATHER-RELATED  DISASTER
 EMERGENCY.    Every municipality shall have a duty to restore service to
 any residential customer within forty-eight hours of the effective  date
 of  this subdivision if such service has been terminated FOR NON-PAYMENT
 during the pendency of [the COVID-19] A state [of] DISASTER emergency.
   4. [For a period of one hundred eighty days after the  COVID-19  state
 of  emergency  is lifted or expires, no] NO municipality shall terminate
 or discontinue the service of a residential OR SMALL  BUSINESS  customer
 because  of  bill  arrears, taxes, or fees owed to the municipality when
 such customer has experienced a change in  financial  circumstances,  AS
 DEFINED  BY  THE DEPARTMENT, due to [the COVID-19] A state [of] DISASTER
 emergency[, as defined by the department] AS SET  FORTH  IN  SUBDIVISION

 S. 2508--A                         114                        A. 3008--A
 
 THREE  OF THIS SECTION.  The municipality shall provide a residential OR
 SMALL BUSINESS service customer that has experienced a change in  finan-
 cial  circumstances  due to the [COVID-19] state [of] DISASTER emergency
 with  the right to enter into, or restructure, a deferred payment agree-
 ment without the requirement of a down payment, late fees, or penalties,
 as such is provided for in article two of this chapter, WITH SUCH PROHI-
 BITION ON DOWN PAYMENTS, LATE  FEES,  OR  PENALTIES  APPLICABLE  TO  ALL
 ARREARS INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY.
   5.  Every  municipality  shall provide notice to residential AND SMALL
 BUSINESS customers in a writing to be included with a bill statement or,
 when appropriate, via electronic transmission  the  provisions  of  this
 section  and  shall further make reasonable efforts to contact customers
 who have demonstrated a change in financial  circumstances  due  to  the
 [COVID-19]  state  [of]  DISASTER  emergency AS SET FORTH IN SUBDIVISION
 THREE OF THIS SECTION for the  purpose  of  offering  such  customers  a
 deferred  payment  agreement  consistent  with  the  provisions  of this
 SECTION AND article TWO OF THIS CHAPTER.
   6. Implementation of the provisions of this section shall not prohibit
 a municipality from recovering lost or deferred revenues after the lift-
 ing or expiry  of  [the  COVID-19]  A  state  [of]  DISASTER  emergency,
 provided  that  such  means  are not inconsistent with the provisions of
 this article. Nothing in this section shall prohibit a municipality from
 disconnecting service when it is necessary to  protect  the  health  and
 safety of customers and the public.
   7.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 FOR THE PURPOSES OF SUBDIVISIONS THREE,  FOUR,  FIVE  AND  SIX  OF  THIS
 SECTION,  A  "MUNICIPALITY"  SHALL ALSO INCLUDE A PUBLIC WATER AUTHORITY
 ESTABLISHED PURSUANT TO ARTICLE FIVE  OF  THE  PUBLIC  AUTHORITIES  LAW.
 EVERY  MUNICIPALITY  SHALL BE SUBJECT TO THE JURISDICTION OF THE COMMIS-
 SION FOR THE PURPOSES OF ENFORCING THE PROVISIONS OF SUBDIVISIONS THREE,
 FOUR, FIVE AND SIX OF THIS SECTION  PURSUANT  TO  SECTIONS  TWENTY-FOUR,
 TWENTY-FIVE AND TWENTY-SIX OF THIS CHAPTER.
   § 6. Subdivisions 9, 10, 11 and 12 of section 91 of the public service
 law,  subdivisions  9,  10  and  12 as amended by section 1 of part B of
 chapter 126 of the laws of 2020, subdivision 11 as added by chapter  108
 of the laws of 2020, are amended to read as follows:
   9. No telephone corporation shall terminate or disconnect ANY SERVICES
 PROVIDED  BY  ITS  INFRASTRUCTURE TO a residential service customer OR A
 SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS  NOT
 A  (I)    PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (II) SEASONAL,
 SHORT-TERM, OR TEMPORARY CUSTOMER, (III)  HIGH USAGE CUSTOMER AS DEFINED
 BY THE COMMISSION, OR (IV)  CUSTOMER THAT THE  UTILITY  CAN  DEMONSTRATE
 HAS  THE  RESOURCES  TO PAY THE BILL, PROVIDED THAT THE UTILITY NOTIFIES
 THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE  CUSTOMER'S  RIGHT
 TO  CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCE-
 DURES, for the non-payment of an overdue  charge  for  the  duration  of
 [the]  A  state  disaster emergency declared pursuant to SECTION TWENTY-
 EIGHT OF THE executive [order two hundred two  of  two  thousand  twenty
 (hereinafter  "the  COVID-19  state of emergency")] LAW IN RESPONSE TO A
 STATE, NATIONAL OR GLOBAL EVENT THAT IS DEEMED TO RESULT  IN  A  SIGNIF-
 ICANT  NEGATIVE AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC FUTURE, AND
 NOT DUE TO A SHORT-TERM WEATHER-RELATED DISASTER EMERGENCY.    Telephone
 corporations  shall  have  a  duty to restore service, to the extent not
 already required under this chapter, at the request of  any  residential
 OR  SMALL BUSINESS customer within forty-eight hours if such service has
 been terminated during the pendency of the [COVID-19] state [of]  DISAS-

 S. 2508--A                         115                        A. 3008--A
 
 TER  emergency  and disconnection of such service was due to non-payment
 of an overdue charge.
   10.  [For a period of one hundred eighty days after the COVID-19 state
 of emergency is lifted or expires, no] NO  telephone  corporation  shall
 terminate  or  disconnect  [the  service]  ANY  SERVICES PROVIDED BY ITS
 INFRASTRUCTURE of a  residential  OR  SMALL  BUSINESS  customer  account
 because of defaulted deferred payment agreements or arrears then owed to
 the telephone corporation when such customer has experienced a change in
 financial  circumstances  AS  DEFINED  BY  THE  DEPARTMENT,  due to [the
 COVID-19] A state [of] DISASTER emergency[, as defined  by  the  depart-
 ment]  AS  SET FORTH IN SUBDIVISION NINE OF THIS SECTION.  The telephone
 corporation shall provide such residential OR  SMALL  BUSINESS  customer
 with  the right to enter into, or restructure, a deferred payment agree-
 ment without the requirement of a down payment, late fees, or penalties,
 WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES APPLICA-
 BLE TO ALL ARREARS INCURRED DURING THE DURATION OF  THE  STATE  DISASTER
 EMERGENCY.
   11.  Every  telephone  corporation shall provide notice to residential
 customers, AND TO THOSE SMALL BUSINESS CUSTOMERS SET FORTH  IN  SUBDIVI-
 SION  NINE  OF  THIS  SECTION,  in  a writing to be included with a bill
 statement  or,  when  appropriate,  via  electronic   transmission   the
 provisions  of this section and shall further make reasonable efforts to
 contact customers who have demonstrated a change  in  financial  circum-
 stances  due  to  [the  COVID-19] A state [of] DISASTER emergency AS SET
 FORTH IN SUBDIVISION NINE OF THIS SECTION for the  purpose  of  offering
 such   customers  a  deferred  payment  agreement  consistent  with  the
 provisions of this SECTION AND article TWO OF THIS CHAPTER.
   12. Implementation of the provisions of this section shall not prohib-
 it a telephone corporation from recovering  lost  or  deferred  revenues
 after  the lifting or expiration of [the COVID-19] A state [of] DISASTER
 emergency AS SET FORTH IN SUBDIVISION NINE OF THIS SECTION, pursuant  to
 such  means  for  recovery  as  are provided for in this chapter, and by
 means not inconsistent with any of the provisions of this article. Noth-
 ing in this section shall prohibit a telephone corporation from  discon-
 necting  service  at the request of a customer.  Nothing in this section
 shall prohibit a telephone corporation from disconnecting  service  when
 it  is  necessary  to protect the health and safety of customers and the
 public.
   § 7. Section 216 of the public service law is amended by  adding  five
 new subdivisions 6, 7, 8, 9 and 10 to read as follows:
   6.  NO CABLE TELEVISION COMPANY SHALL TERMINATE OR DISCONNECT SERVICES
 PROVIDED OVER THEIR INFRASTRUCTURE TO A RESIDENTIAL SERVICE CUSTOMER  OR
 A  SMALL  BUSINESS  CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS
 NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (II) SEASONAL,
 SHORT-TERM, OR TEMPORARY CUSTOMER, OR  (III)  CUSTOMER  THAT  THE  CABLE
 TELEVISION  COMPANY  CAN  DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL,
 PROVIDED THAT THE CABLE TELEVISION COMPANY NOTIFIES THE  SMALL  BUSINESS
 CUSTOMER  OF  ITS  REASONS  AND  OF THE CUSTOMER'S RIGHT TO CONTEST THIS
 DETERMINATION THROUGH THE COMMISSION'S  COMPLAINT  PROCEDURES,  FOR  THE
 NON-PAYMENT  OF  AN  OVERDUE CHARGE FOR THE DURATION OF A STATE DISASTER
 EMERGENCY DECLARED PURSUANT TO AN EXECUTIVE ORDER ISSUED IN RESPONSE  TO
 A STATE, NATIONAL, OR GLOBAL EVENT THAT IS DEEMED TO RESULT IN A SIGNIF-
 ICANT  NEGATIVE AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC FUTURE, AND
 NOT DUE TO A SHORT-TERM WEATHER-RELATED DISASTER EMERGENCY. CABLE  TELE-
 VISION COMPANIES SHALL HAVE A DUTY TO RESTORE SERVICE, TO THE EXTENT NOT
 ALREADY  REQUIRED  UNDER THIS CHAPTER, AT THE REQUEST OF ANY RESIDENTIAL

 S. 2508--A                         116                        A. 3008--A
 
 OR SMALL BUSINESS CUSTOMER WITHIN FORTY-EIGHT HOURS IF SUCH SERVICE  HAS
 BEEN  TERMINATED DURING THE PENDENCY OF THE STATE DISASTER EMERGENCY AND
 DISCONNECTION OF SUCH SERVICE WAS  DUE  TO  NON-PAYMENT  OF  AN  OVERDUE
 CHARGE.
   7.  NO CABLE TELEVISION COMPANY SHALL TERMINATE OR DISCONNECT SERVICES
 PROVIDED OVER THEIR INFRASTRUCTURE OF A RESIDENTIAL  OR  SMALL  BUSINESS
 CUSTOMER  ACCOUNT  BECAUSE  OF  DEFAULTED DEFERRED PAYMENT AGREEMENTS OR
 ARREARS THEN OWED TO THE CABLE TELEVISION COMPANY WHEN SUCH CUSTOMER HAS
 EXPERIENCED A CHANGE IN  FINANCIAL  CIRCUMSTANCES,  AS  DEFINED  BY  THE
 DEPARTMENT,  DUE  TO A STATE DISASTER EMERGENCY AS SET FORTH IN SUBDIVI-
 SION SIX OF THIS SECTION. THE CABLE  TELEVISION  COMPANY  SHALL  PROVIDE
 SUCH  RESIDENTIAL  OR  SMALL  BUSINESS  CUSTOMER WITH THE RIGHT TO ENTER
 INTO, OR RESTRUCTURE, A DEFERRED PAYMENT AGREEMENT WITHOUT THE  REQUIRE-
 MENT  OF  A DOWN PAYMENT, LATE FEES, OR PENALTIES, WITH SUCH PROHIBITION
 ON DOWN PAYMENTS, LATE FEES, OR  PENALTIES  APPLICABLE  TO  ALL  ARREARS
 INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY.
   8.  EVERY CABLE TELEVISION COMPANY SHALL PROVIDE NOTICE TO RESIDENTIAL
 OR SMALL BUSINESS CUSTOMERS IN A WRITING TO  BE  INCLUDED  WITH  A  BILL
 STATEMENT   OR,   WHEN  APPROPRIATE,  VIA  ELECTRONIC  TRANSMISSION  THE
 PROVISIONS OF THIS SECTION AND SHALL FURTHER MAKE REASONABLE EFFORTS  TO
 CONTACT  CUSTOMERS  WHO  HAVE DEMONSTRATED A CHANGE IN FINANCIAL CIRCUM-
 STANCES DUE TO A STATE DISASTER EMERGENCY AS SET  FORTH  IN  SUBDIVISION
 SIX  OF  THIS  SECTION  FOR  THE  PURPOSE  OF  OFFERING SUCH CUSTOMERS A
 DEFERRED PAYMENT  AGREEMENT  CONSISTENT  WITH  THE  PROVISIONS  OF  THIS
 SECTION AND ARTICLE TWO OF THIS CHAPTER.
   9. IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT
 A  CABLE  TELEVISION  COMPANY  FROM RECOVERING LOST OR DEFERRED REVENUES
 AFTER THE LIFTING OR EXPIRATION OF A STATE  DISASTER  EMERGENCY  AS  SET
 FORTH  IN  SUBDIVISION  SIX  OF THIS SECTION, PURSUANT TO SUCH MEANS FOR
 RECOVERY AS ARE PROVIDED FOR IN THIS CHAPTER, AND BY  MEANS  NOT  INCON-
 SISTENT  WITH  ANY  OF  THE  PROVISIONS OF THIS ARTICLE. NOTHING IN THIS
 SECTION SHALL PROHIBIT A CABLE  TELEVISION  COMPANY  FROM  DISCONNECTING
 SERVICE  AT  THE  REQUEST  OF  A CUSTOMER. NOTHING IN THIS SECTION SHALL
 PROHIBIT A CABLE TELEVISION COMPANY FROM DISCONNECTING SERVICE  WHEN  IT
 IS  NECESSARY  TO  PROTECT  THE  HEALTH  AND SAFETY OF CUSTOMERS AND THE
 PUBLIC.
   10. EVERY CABLE TELEVISION COMPANY SHALL BE SUBJECT TO  THE  JURISDIC-
 TION  OF  THE COMMISSION FOR THE PURPOSES OF ENFORCING THE PROVISIONS OF
 SUBDIVISIONS SIX, SEVEN, EIGHT AND NINE  OF  THIS  SECTION  PURSUANT  TO
 SECTIONS  TWENTY-FOUR,  TWENTY-FIVE  AND TWENTY-SIX OF THIS CHAPTER, AND
 ANY OTHER APPLICABLE PROVISION OF THIS CHAPTER.
   § 8. Subdivision 1 of section 1020-s of the public authorities law, as
 amended by chapter 415 of the laws  of  2017,  is  amended  to  read  as
 follows:
   1.  The  rates,  services  and  practices  relating to the electricity
 generated by facilities owned or operated by the authority shall not  be
 subject to the provisions of the public service law or to regulation by,
 or  the  jurisdiction  of,  the public service commission, except to the
 extent (a) article seven of the public service law applies to the siting
 and operation of a major utility transmission facility as defined there-
 in, (b) article ten of such law applies to the siting  of  a  generating
 facility as defined therein, (c) section eighteen-a of such law provides
 for  assessment  for  certain  costs, property or operations, (d) to the
 extent that the department of public service reviews and makes recommen-
 dations with respect to the operations and provision of services of, and
 rates and budgets established by,  the  authority  pursuant  to  section

 S. 2508--A                         117                        A. 3008--A
 
 three-b  of  such law, [and] (e) that section seventy-four of the public
 service law applies to  qualified  energy  storage  systems  within  the
 authority's  jurisdiction,  AND (F) SUBDIVISIONS SIX, SEVEN, EIGHT, NINE
 AND TEN OF SECTION THIRTY-TWO OF THE PUBLIC SERVICE LAW.
   §  9. The general business law is amended by adding a new section 399-
 zzzzz, to read as follows:
   § 399-ZZZZZ. PROHIBITION OF CERTAIN BROADBAND TERMINATIONS OR  DISCON-
 NECTIONS.  1.  FOR  THE  PURPOSES  OF  THIS SECTION, THE TERM "BROADBAND
 SERVICE" SHALL MEAN A MASS-MARKET RETAIL SERVICE THAT PROVIDES THE CAPA-
 BILITY TO TRANSMIT DATA TO AND RECEIVE DATA FROM  ALL  OR  SUBSTANTIALLY
 ALL  INTERNET  ENDPOINTS, INCLUDING ANY CAPABILITIES THAT ARE INCIDENTAL
 TO AND ENABLE THE OPERATION OF THE  COMMUNICATIONS  SERVICE,  AND  SHALL
 INCLUDE  SERVICE PROVIDED BY COMMERCIAL MOBILE TELEPHONE SERVICE PROVID-
 ERS, BUT SHALL NOT INCLUDE DIAL-UP SERVICE.
   2. NO PERSON, BUSINESS, CORPORATION,  OR  THEIR  AGENTS  PROVIDING  OR
 SEEKING  TO  PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL TERMINATE
 OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUCTURE TO A  RESIDEN-
 TIAL  SERVICE  CUSTOMER OR A SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR
 FEWER EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY
 THEREOF, (II) SEASONAL, SHORT-TERM,  OR  TEMPORARY  CUSTOMER,  OR  (III)
 CUSTOMER  THAT  THE  BROADBAND  SERVICE PROVIDER CAN DEMONSTRATE HAS THE
 RESOURCES TO PAY THE BILL, PROVIDED THAT THE BROADBAND SERVICE  PROVIDER
 NOTIFIES  THE  SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOM-
 ER'S RIGHT  TO  CONTEST  THIS  DETERMINATION  THROUGH  THE  COMMISSION'S
 COMPLAINT  PROCEDURES,  FOR THE NON-PAYMENT OF AN OVERDUE CHARGE FOR THE
 DURATION OF A STATE DISASTER  EMERGENCY  DECLARED  PURSUANT  TO  SECTION
 TWENTY-EIGHT  OF  THE EXECUTIVE LAW IN RESPONSE TO A STATE, NATIONAL, OR
 GLOBAL EVENT THAT IS DEEMED TO RESULT  IN  A  SIGNIFICANT  NEGATIVE  AND
 LONG-TERM IMPACT ON THE STATE'S ECONOMIC FUTURE, AND NOT DUE TO A SHORT-
 TERM WEATHER-RELATED DISASTER EMERGENCY.  SUCH PERSONS OR ENTITIES SHALL
 HAVE  A  DUTY TO RESTORE SERVICE, TO THE EXTENT NOT ALREADY REQUIRED, AT
 THE REQUEST OF ANY RESIDENTIAL OR SMALL BUSINESS CUSTOMER WITHIN  FORTY-
 EIGHT  HOURS  IF SUCH SERVICE HAS BEEN TERMINATED DURING THE PENDENCY OF
 THE STATE DISASTER EMERGENCY AND DISCONNECTION OF SUCH SERVICE  WAS  DUE
 TO NON-PAYMENT OF AN OVERDUE CHARGE.
   3.  NO  PERSON,  BUSINESS,  CORPORATION,  OR THEIR AGENTS PROVIDING OR
 SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE  SHALL  TERMINATE
 OR  DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUCTURE TO A RESIDEN-
 TIAL OR SMALL BUSINESS CUSTOMER ACCOUNT BECAUSE  OF  DEFAULTED  DEFERRED
 PAYMENT AGREEMENTS OR ARREARS THEN OWED TO SUCH PERSONS OR ENTITIES WHEN
 SUCH CUSTOMER HAS EXPERIENCED A CHANGE IN FINANCIAL CIRCUMSTANCES DUE TO
 A  STATE  DISASTER  EMERGENCY  AS  SET  FORTH IN SUBDIVISION TWO OF THIS
 SECTION. THE PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR
 SEEKING TO PROVIDE BROADBAND SERVICE IN NEW  YORK  STATE  SHALL  PROVIDE
 SUCH  RESIDENTIAL  OR  SMALL  BUSINESS  CUSTOMER WITH THE RIGHT TO ENTER
 INTO, OR RESTRUCTURE, A DEFERRED PAYMENT AGREEMENT CONSISTENT  WITH  THE
 PROVISIONS OF ARTICLE TWO OF THE PUBLIC SERVICE LAW WITHOUT THE REQUIRE-
 MENT  OF  A DOWN PAYMENT, LATE FEES, OR PENALTIES, WITH SUCH PROHIBITION
 ON DOWN PAYMENTS, LATE FEES, OR  PENALTIES  APPLICABLE  TO  ALL  ARREARS
 INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY.
   4.  EVERY  PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR
 SEEKING TO PROVIDE BROADBAND SERVICE IN NEW  YORK  STATE  SHALL  PROVIDE
 NOTICE  TO  RESIDENTIAL  OR  SMALL BUSINESS CUSTOMERS IN A WRITING TO BE
 INCLUDED WITH A BILL STATEMENT  OR,  WHEN  APPROPRIATE,  VIA  ELECTRONIC
 TRANSMISSION  THE  PROVISIONS  OF  THIS  SECTION  AND SHALL FURTHER MAKE
 REASONABLE EFFORTS TO CONTACT CUSTOMERS WHO HAVE DEMONSTRATED  A  CHANGE

 S. 2508--A                         118                        A. 3008--A
 
 IN  FINANCIAL  CIRCUMSTANCES  DUE  TO  A STATE DISASTER EMERGENCY AS SET
 FORTH IN SUBDIVISION TWO OF THIS SECTION FOR  THE  PURPOSE  OF  OFFERING
 SUCH   CUSTOMERS  A  DEFERRED  PAYMENT  AGREEMENT  CONSISTENT  WITH  THE
 PROVISIONS OF ARTICLE TWO OF THE PUBLIC SERVICE LAW.
   5. IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT
 A PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO
 PROVIDE  BROADBAND  SERVICE  IN  NEW  YORK STATE FROM RECOVERING LOST OR
 DEFERRED REVENUES AFTER THE LIFTING OR EXPIRATION OF  A  STATE  DISASTER
 EMERGENCY  AS  SET FORTH IN SUBDIVISION TWO OF THIS SECTION, PURSUANT TO
 SUCH MEANS FOR RECOVERY BY  MEANS  NOT  INCONSISTENT  WITH  ANY  OF  THE
 PROVISIONS  OF  THIS  SECTION.  NOTHING IN THIS SECTION SHALL PROHIBIT A
 PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR  SEEKING  TO
 PROVIDE  BROADBAND  SERVICE IN NEW YORK STATE FROM DISCONNECTING SERVICE
 AT THE REQUEST OF A CUSTOMER. NOTHING IN THIS SECTION SHALL  PROHIBIT  A
 PERSON,  BUSINESS,  CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO
 PROVIDE BROADBAND SERVICE IN NEW YORK STATE FROM  DISCONNECTING  SERVICE
 WHEN  IT  IS NECESSARY TO PROTECT THE HEALTH AND SAFETY OF CUSTOMERS AND
 THE PUBLIC.
   6. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
 PROCEEDING  TO  ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
 NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF  SUCH
 VIOLATION;  AND  IF  IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
 JUSTICE THAT THE DEFENDANT HAS,  IN  FACT,  VIOLATED  THIS  SECTION,  AN
 INJUNCTION  MAY  BE  ISSUED  BY  THE  COURT  OR  JUSTICE,  ENJOINING AND
 RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT  REQUIRING  PROOF  THAT  ANY
 PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
 PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
 PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
 TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
 SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE
 THAN  ONE  THOUSAND  DOLLARS  PER VIOLATION. IN CONNECTION WITH ANY SUCH
 PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO  TAKE  PROOF
 AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   §  10. This act shall take effect immediately; provided, however, that
 this act shall be applicable to relevant executive orders issued  on  or
 after the effective date of this act.
 
                                  PART PP
 
   Section  1.  The  general  obligations  law is amended by adding a new
 article 18-C to read as follows:
                               ARTICLE 18-C
                           LIBOR DISCONTINUANCE
 SECTION 18-400. DEFINITIONS.
         18-401. EFFECT OF LIBOR DISCONTINUANCE ON AGREEMENTS.
         18-402. CONTINUITY OF CONTRACT AND SAFE HARBOR.
         18-403. SEVERABILITY.
   § 18-400. DEFINITIONS. AS USED IN THIS  ARTICLE  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "LIBOR" SHALL MEAN, FOR PURPOSES OF THE APPLICATION OF THIS ARTICLE
 TO  ANY  PARTICULAR  CONTRACT, SECURITY OR INSTRUMENT, U.S. DOLLAR LIBOR
 (FORMERLY KNOWN AS THE LONDON INTERBANK OFFERED RATE) AS ADMINISTERED BY

 S. 2508--A                         119                        A. 3008--A
 
 ICE BENCHMARK ADMINISTRATION LIMITED (OR ANY  PREDECESSOR  OR  SUCCESSOR
 THEREOF),  OR  ANY  TENOR THEREOF, AS APPLICABLE, THAT IS USED IN MAKING
 ANY CALCULATION OR DETERMINATION THEREUNDER.
   2.  "LIBOR  DISCONTINUANCE  EVENT" SHALL MEAN THE EARLIEST TO OCCUR OF
 ANY OF THE FOLLOWING:
   A. A PUBLIC STATEMENT OR PUBLICATION OF INFORMATION BY OR ON BEHALF OF
 THE ADMINISTRATOR OF LIBOR ANNOUNCING THAT SUCH ADMINISTRATOR HAS CEASED
 OR WILL CEASE TO PROVIDE LIBOR, PERMANENTLY  OR  INDEFINITELY,  PROVIDED
 THAT, AT THE TIME OF THE STATEMENT OR PUBLICATION, THERE IS NO SUCCESSOR
 ADMINISTRATOR THAT WILL CONTINUE TO PROVIDE LIBOR;
   B.  A PUBLIC STATEMENT OR PUBLICATION OF INFORMATION BY THE REGULATORY
 SUPERVISOR FOR THE ADMINISTRATOR OF LIBOR,  THE  UNITED  STATES  FEDERAL
 RESERVE SYSTEM, AN INSOLVENCY OFFICIAL WITH JURISDICTION OVER THE ADMIN-
 ISTRATOR  FOR  LIBOR,  A RESOLUTION AUTHORITY WITH JURISDICTION OVER THE
 ADMINISTRATOR FOR LIBOR OR A COURT OR AN ENTITY WITH SIMILAR  INSOLVENCY
 OR  RESOLUTION  AUTHORITY OVER THE ADMINISTRATOR FOR LIBOR, WHICH STATES
 THAT THE ADMINISTRATOR OF LIBOR HAS CEASED  OR  WILL  CEASE  TO  PROVIDE
 LIBOR  PERMANENTLY  OR  INDEFINITELY,  PROVIDED THAT, AT THE TIME OF THE
 STATEMENT OR PUBLICATION, THERE IS NO SUCCESSOR ADMINISTRATOR THAT  WILL
 CONTINUE TO PROVIDE LIBOR; OR 
   C.  A PUBLIC STATEMENT OR PUBLICATION OF INFORMATION BY THE REGULATORY
 SUPERVISOR FOR THE ADMINISTRATOR OF LIBOR ANNOUNCING THAT  LIBOR  IS  NO
 LONGER  REPRESENTATIVE.   FOR PURPOSES OF THIS SUBDIVISION TWO, A PUBLIC
 STATEMENT OR PUBLICATION OF INFORMATION THAT AFFECTS  ONE OR MORE TENORS
 OF LIBOR SHALL NOT CONSTITUTE A LIBOR DISCONTINUANCE EVENT WITH  RESPECT
 TO   ANY CONTRACT, SECURITY OR INSTRUMENT THAT (I) PROVIDES FOR ONLY ONE
 TENOR OF LIBOR,  IF  SUCH  CONTRACT,  SECURITY  OR  INSTRUMENT  REQUIRES
 INTERPOLATION  AND SUCH TENOR CAN BE INTERPOLATED FROM LIBOR TENORS THAT
 ARE NOT SO AFFECTED, OR (II) PERMITS A PARTY TO CHOOSE  FROM  MORE  THAN
 ONE  TENOR OF LIBOR AND ANY OF SUCH TENORS (A) IS NOT SO AFFECTED OR (B)
 IF SUCH CONTRACT, SECURITY OR INSTRUMENT REQUIRES INTERPOLATION, CAN  BE
 INTERPOLATED FROM LIBOR TENORS THAT ARE NOT SO AFFECTED.
   3. "LIBOR REPLACEMENT DATE" SHALL MEAN:
   A.  IN THE CASE OF A LIBOR DISCONTINUANCE EVENT DESCRIBED IN PARAGRAPH
 A OR B OF SUBDIVISION TWO OF THIS SECTION, THE LATER OF (I) THE DATE  OF
 THE  PUBLIC  STATEMENT OR PUBLICATION OF INFORMATION REFERENCED THEREIN;
 AND (II) THE DATE ON WHICH THE ADMINISTRATOR  OF  LIBOR  PERMANENTLY  OR
 INDEFINITELY CEASES TO PROVIDE LIBOR; AND
   B.  IN THE CASE OF A LIBOR DISCONTINUANCE EVENT DESCRIBED IN PARAGRAPH
 C OF SUBDIVISION TWO OF THIS SECTION, THE DATE OF THE  PUBLIC  STATEMENT
 OR  PUBLICATION OF INFORMATION REFERENCED THEREIN.  FOR PURPOSES OF THIS
 SUBDIVISION THREE, A DATE THAT AFFECTS ONE OR MORE TENORS OF LIBOR SHALL
 NOT CONSTITUTE A LIBOR REPLACEMENT DATE WITH RESPECT  TO  ANY  CONTRACT,
 SECURITY OR INSTRUMENT THAT (I) PROVIDES FOR ONLY ONE TENOR OF LIBOR, IF
 SUCH  CONTRACT,  SECURITY  OR INSTRUMENT REQUIRES INTERPOLATION AND SUCH
 TENOR CAN BE INTERPOLATED FROM LIBOR TENORS THAT ARE NOT SO AFFECTED, OR
 (II) PERMITS A PARTY TO CHOOSE FROM MORE THAN ONE TENOR OF LIBOR AND ANY
 OF SUCH TENORS (A) IS NOT SO AFFECTED OR (B) IF SUCH CONTRACT,  SECURITY
 OR  INSTRUMENT  REQUIRES  INTERPOLATION,  CAN BE INTERPOLATED FROM LIBOR
 TENORS THAT ARE NOT SO AFFECTED.
   4. "FALLBACK PROVISIONS" SHALL MEAN TERMS IN A CONTRACT,  SECURITY  OR
 INSTRUMENT  THAT  SET FORTH A METHODOLOGY OR PROCEDURE FOR DETERMINING A
 BENCHMARK REPLACEMENT, INCLUDING ANY TERMS RELATING TO THE DATE ON WHICH
 THE BENCHMARK REPLACEMENT BECOMES EFFECTIVE, WITHOUT REGARD TO WHETHER A
 BENCHMARK REPLACEMENT CAN BE DETERMINED IN ACCORDANCE WITH SUCH  METHOD-
 OLOGY OR PROCEDURE.

 S. 2508--A                         120                        A. 3008--A
 
   5. "BENCHMARK" SHALL MEAN AN INDEX OF INTEREST RATES OR DIVIDEND RATES
 THAT IS USED, IN WHOLE OR IN PART, AS THE BASIS OF OR AS A REFERENCE FOR
 CALCULATING  OR  DETERMINING ANY VALUATION, PAYMENT OR OTHER MEASUREMENT
 UNDER OR IN RESPECT OF A CONTRACT, SECURITY OR INSTRUMENT.
   6. "BENCHMARK REPLACEMENT" SHALL MEAN A BENCHMARK, OR AN INTEREST RATE
 OR DIVIDEND RATE (WHICH MAY OR MAY NOT BE BASED IN WHOLE OR IN PART ON A
 PRIOR  SETTING OF LIBOR), TO REPLACE LIBOR OR ANY INTEREST RATE OR DIVI-
 DEND RATE BASED ON LIBOR, WHETHER ON A TEMPORARY, PERMANENT  OR  INDEFI-
 NITE BASIS, UNDER OR IN RESPECT OF A CONTRACT, SECURITY OR INSTRUMENT.
   7. "RECOMMENDED BENCHMARK REPLACEMENT" SHALL MEAN, WITH RESPECT TO ANY
 PARTICULAR  TYPE  OF  CONTRACT,  SECURITY  OR  INSTRUMENT,  A  BENCHMARK
 REPLACEMENT BASED ON SOFR, WHICH SHALL INCLUDE  ANY  RECOMMENDED  SPREAD
 ADJUSTMENT  AND ANY BENCHMARK REPLACEMENT CONFORMING CHANGES, THAT SHALL
 HAVE BEEN SELECTED OR RECOMMENDED BY A RELEVANT RECOMMENDING  BODY  WITH
 RESPECT TO SUCH TYPE OF CONTRACT, SECURITY OR INSTRUMENT.
   8.  "RECOMMENDED SPREAD ADJUSTMENT" SHALL MEAN A SPREAD ADJUSTMENT, OR
 METHOD FOR CALCULATING OR DETERMINING SUCH SPREAD ADJUSTMENT, (WHICH MAY
 BE A POSITIVE OR NEGATIVE VALUE OR ZERO) THAT SHALL HAVE  BEEN  SELECTED
 OR  RECOMMENDED BY A RELEVANT RECOMMENDING BODY FOR A RECOMMENDED BENCH-
 MARK REPLACEMENT FOR A PARTICULAR TYPE OF CONTRACT, SECURITY OR  INSTRU-
 MENT AND FOR A PARTICULAR TERM TO ACCOUNT FOR THE EFFECTS OF THE TRANSI-
 TION OR CHANGE FROM LIBOR TO A RECOMMENDED BENCHMARK REPLACEMENT.
   9. "BENCHMARK REPLACEMENT CONFORMING CHANGES" SHALL MEAN, WITH RESPECT
 TO ANY TYPE OF CONTRACT, SECURITY OR INSTRUMENT, ANY TECHNICAL, ADMINIS-
 TRATIVE  OR  OPERATIONAL  CHANGES, ALTERATIONS OR MODIFICATIONS THAT ARE
 ASSOCIATED WITH AND REASONABLY NECESSARY TO THE  USE,  ADOPTION,  CALCU-
 LATION  OR  IMPLEMENTATION  OF  A  RECOMMENDED BENCHMARK REPLACEMENT AND
 THAT:
   A. HAVE BEEN SELECTED OR RECOMMENDED BY A RELEVANT RECOMMENDING  BODY;
 AND
   B.  IF,  IN  THE  REASONABLE  JUDGMENT  OF THE CALCULATING PERSON, THE
 BENCHMARK REPLACEMENT CONFORMING CHANGES SELECTED OR RECOMMENDED  PURSU-
 ANT  TO  PARAGRAPH  A OF THIS SUBDIVISION DO NOT APPLY TO SUCH CONTRACT,
 SECURITY OR INSTRUMENT OR ARE INSUFFICIENT TO PERMIT ADMINISTRATION  AND
 CALCULATION  OF  THE  RECOMMENDED  BENCHMARK REPLACEMENT, THEN BENCHMARK
 REPLACEMENT CONFORMING CHANGES SHALL INCLUDE SUCH OTHER CHANGES,  ALTER-
 ATIONS  OR  MODIFICATIONS THAT, IN THE REASONABLE JUDGMENT OF THE CALCU-
 LATING PERSON:
   (I) ARE NECESSARY TO PERMIT  ADMINISTRATION  AND  CALCULATION  OF  THE
 RECOMMENDED  BENCHMARK REPLACEMENT UNDER OR IN RESPECT OF SUCH CONTRACT,
 SECURITY OR INSTRUMENT IN A MANNER CONSISTENT WITH MARKET  PRACTICE  FOR
 SUBSTANTIALLY  SIMILAR  CONTRACTS, SECURITIES OR INSTRUMENTS AND, TO THE
 EXTENT PRACTICABLE, THE MANNER  IN  WHICH  SUCH  CONTRACT,  SECURITY  OR
 INSTRUMENT  WAS  ADMINISTERED IMMEDIATELY PRIOR TO THE LIBOR REPLACEMENT
 DATE; AND
   (II) WOULD NOT RESULT IN A DISPOSITION OF SUCH CONTRACT,  SECURITY  OR
 INSTRUMENT FOR U.S. FEDERAL INCOME TAX PURPOSES.
   10.  "DETERMINING  PERSON"  SHALL  MEAN, WITH RESPECT TO ANY CONTRACT,
 SECURITY OR INSTRUMENT, IN THE FOLLOWING ORDER OF PRIORITY:
   A. ANY PERSON SPECIFIED AS A "DETERMINING PERSON"; OR
   B. ANY PERSON WITH THE AUTHORITY, RIGHT OR OBLIGATION TO:
   (I) DETERMINE THE BENCHMARK REPLACEMENT THAT WILL TAKE EFFECT  ON  THE
 LIBOR REPLACEMENT DATE,
   (II)  CALCULATE OR DETERMINE A VALUATION, PAYMENT OR OTHER MEASUREMENT
 BASED ON A BENCHMARK, OR

 S. 2508--A                         121                        A. 3008--A
 
   (III) NOTIFY OTHER PERSONS OF THE OCCURRENCE OF A LIBOR DISCONTINUANCE
 EVENT, A LIBOR REPLACEMENT DATE OR A BENCHMARK REPLACEMENT.
   11. "RELEVANT RECOMMENDING BODY" SHALL MEAN THE FEDERAL RESERVE BOARD,
 THE FEDERAL RESERVE BANK OF NEW YORK, OR THE ALTERNATIVE REFERENCE RATES
 COMMITTEE, OR ANY SUCCESSOR TO ANY OF THEM.
   12.  "SOFR" SHALL MEAN, WITH RESPECT TO ANY DAY, THE SECURED OVERNIGHT
 FINANCING RATE PUBLISHED FOR SUCH DAY BY THE FEDERAL RESERVE BANK OF NEW
 YORK, AS THE ADMINISTRATOR OF THE BENCHMARK (OR A SUCCESSOR  ADMINISTRA-
 TOR), ON THE FEDERAL RESERVE BANK OF NEW YORK'S WEBSITE.
   13.  "CALCULATING  PERSON"  SHALL  MEAN, WITH RESPECT TO ANY CONTRACT,
 SECURITY OR INSTRUMENT, ANY PERSON (WHICH MAY BE THE DETERMINING PERSON)
 RESPONSIBLE FOR CALCULATING OR DETERMINING  ANY  VALUATION,  PAYMENT  OR
 OTHER MEASUREMENT BASED ON A BENCHMARK.
   14. "CONTRACT, SECURITY, OR INSTRUMENT" SHALL INCLUDE, WITHOUT LIMITA-
 TION,  ANY CONTRACT, AGREEMENT, MORTGAGE, DEED OF TRUST, LEASE, SECURITY
 (WHETHER REPRESENTING DEBT OR EQUITY, AND INCLUDING ANY  INTEREST  IN  A
 CORPORATION,  A PARTNERSHIP OR A LIMITED LIABILITY COMPANY), INSTRUMENT,
 OR OTHER OBLIGATION.
   § 18-401. EFFECT OF LIBOR DISCONTINUANCE  ON  AGREEMENTS.  1.  ON  THE
 LIBOR  REPLACEMENT DATE, THE RECOMMENDED BENCHMARK REPLACEMENT SHALL, BY
 OPERATION OF LAW, BE THE BENCHMARK REPLACEMENT FOR ANY CONTRACT, SECURI-
 TY OR INSTRUMENT THAT USES LIBOR AS A BENCHMARK AND:
   A. CONTAINS NO FALLBACK PROVISIONS; OR
   B. CONTAINS FALLBACK PROVISIONS THAT RESULT IN  A  BENCHMARK  REPLACE-
 MENT,  OTHER  THAN A RECOMMENDED BENCHMARK REPLACEMENT, THAT IS BASED IN
 ANY WAY ON ANY LIBOR VALUE.
   2. FOLLOWING THE OCCURRENCE OF A LIBOR DISCONTINUANCE EVENT, ANY FALL-
 BACK PROVISIONS IN A CONTRACT, SECURITY, OR INSTRUMENT THAT PROVIDE  FOR
 A  BENCHMARK  REPLACEMENT BASED ON OR OTHERWISE INVOLVING A POLL, SURVEY
 OR INQUIRIES FOR QUOTES  OR  INFORMATION  CONCERNING  INTERBANK  LENDING
 RATES  OR  ANY  INTEREST  RATE  OR DIVIDEND RATE BASED ON LIBOR SHALL BE
 DISREGARDED AS IF NOT INCLUDED IN SUCH CONTRACT, SECURITY OR  INSTRUMENT
 AND SHALL BE DEEMED NULL AND VOID AND WITHOUT ANY FORCE OR EFFECT.
   3.  THIS SUBDIVISION SHALL APPLY TO ANY CONTRACT, SECURITY, OR INSTRU-
 MENT THAT USES LIBOR AS A BENCHMARK  AND  CONTAINS  FALLBACK  PROVISIONS
 THAT PERMIT OR REQUIRE THE SELECTION OF A BENCHMARK REPLACEMENT THAT IS:
   A. BASED IN ANY WAY ON ANY LIBOR VALUE; OR
   B. THE SUBSTANTIVE EQUIVALENT OF PARAGRAPH (A), (B) OR (C) OF SUBDIVI-
 SION ONE OF SECTION 18-402 OF THIS ARTICLE.
   A  DETERMINING PERSON SHALL HAVE THE AUTHORITY UNDER THIS ARTICLE, BUT
 SHALL NOT BE REQUIRED, TO SELECT ON OR AFTER THE OCCURRENCE OF  A  LIBOR
 DISCONTINUANCE EVENT THE RECOMMENDED BENCHMARK REPLACEMENT AS THE BENCH-
 MARK  REPLACEMENT.  SUCH SELECTION OF THE RECOMMENDED BENCHMARK REPLACE-
 MENT SHALL BE:
   (I) IRREVOCABLE;
   (II) MADE BY THE EARLIER OF EITHER THE LIBOR REPLACEMENT DATE, OR  THE
 LATEST  DATE  FOR  SELECTING  A  BENCHMARK REPLACEMENT ACCORDING TO SUCH
 CONTRACT, SECURITY, OR INSTRUMENT; AND
   (III) USED IN ANY  DETERMINATIONS  OF  THE  BENCHMARK  UNDER  OR  WITH
 RESPECT  TO SUCH CONTRACT, SECURITY OR INSTRUMENT OCCURRING ON AND AFTER
 THE LIBOR REPLACEMENT DATE.
   4. IF  A  RECOMMENDED  BENCHMARK  REPLACEMENT  BECOMES  THE  BENCHMARK
 REPLACEMENT FOR ANY CONTRACT, SECURITY, OR INSTRUMENT PURSUANT TO SUBDI-
 VISION  ONE  OR  SUBDIVISION  THREE  OF THIS SECTION, THEN ALL BENCHMARK
 REPLACEMENT CONFORMING CHANGES THAT ARE APPLICABLE (IN  ACCORDANCE  WITH
 THE  DEFINITION  OF  BENCHMARK  REPLACEMENT  CONFORMING CHANGES) TO SUCH

 S. 2508--A                         122                        A. 3008--A
 
 RECOMMENDED BENCHMARK REPLACEMENT SHALL BECOME AN INTEGRAL PART OF  SUCH
 CONTRACT, SECURITY, OR INSTRUMENT BY OPERATION OF LAW.
   5. THE PROVISIONS OF THIS ARTICLE SHALL NOT ALTER OR IMPAIR:
   A. ANY WRITTEN AGREEMENT BY ALL REQUISITE PARTIES THAT, RETROSPECTIVE-
 LY  OR  PROSPECTIVELY,  A CONTRACT, SECURITY, OR INSTRUMENT SHALL NOT BE
 SUBJECT TO THIS ARTICLE WITHOUT NECESSARILY  REFERRING  SPECIFICALLY  TO
 THIS  ARTICLE.  FOR  PURPOSES  OF  THIS SUBDIVISION, "REQUISITE PARTIES"
 MEANS ALL PARTIES REQUIRED TO  AMEND  THE  TERMS  AND  PROVISIONS  OF  A
 CONTRACT,  SECURITY,  OR  INSTRUMENT  THAT WOULD OTHERWISE BE ALTERED OR
 AFFECTED BY THIS ARTICLE;
   B.  ANY  CONTRACT,  SECURITY  OR  INSTRUMENT  THAT  CONTAINS  FALLBACK
 PROVISIONS  THAT  WOULD  RESULT  IN  A BENCHMARK REPLACEMENT THAT IS NOT
 BASED ON LIBOR, INCLUDING, BUT NOT LIMITED TO, THE  PRIME  RATE  OR  THE
 FEDERAL  FUNDS  RATE, EXCEPT THAT SUCH  CONTRACT, SECURITY OR INSTRUMENT
 SHALL BE SUBJECT TO SUBDIVISION TWO OF THIS SECTION;
   C. ANY CONTRACT, SECURITY, OR INSTRUMENT SUBJECT TO SUBDIVISION  THREE
 OF THIS SECTION AS TO WHICH A DETERMINING PERSON DOES NOT ELECT TO USE A
 RECOMMENDED  BENCHMARK REPLACEMENT PURSUANT TO SUBDIVISION THREE OF THIS
 SECTION OR AS TO WHICH A DETERMINING PERSON ELECTS TO USE A  RECOMMENDED
 BENCHMARK  REPLACEMENT PRIOR TO THE OCCURRENCE OF A LIBOR DISCONTINUANCE
 EVENT, EXCEPT THAT SUCH  CONTRACT,  SECURITY,  OR  INSTRUMENT  SHALL  BE
 SUBJECT TO SUBDIVISION TWO OF THIS SECTION; OR
   D.  THE APPLICATION TO A RECOMMENDED BENCHMARK REPLACEMENT OF ANY CAP,
 FLOOR, MODIFIER, OR SPREAD ADJUSTMENT TO WHICH LIBOR  HAD  BEEN  SUBJECT
 PURSUANT TO THE TERMS OF A CONTRACT, SECURITY, OR INSTRUMENT.
   6.  NOTWITHSTANDING  THE  UNIFORM  COMMERCIAL CODE OR ANY OTHER LAW OF
 THIS STATE, THIS TITLE SHALL APPLY  TO  ALL  CONTRACTS,  SECURITIES  AND
 INSTRUMENTS,  INCLUDING  CONTRACTS,  WITH  RESPECT  TO COMMERCIAL TRANS-
 ACTIONS, AND SHALL NOT BE DEEMED TO BE DISPLACED BY  ANY  OTHER  LAW  OF
 THIS STATE.
   § 18-402. CONTINUITY  OF CONTRACT AND SAFE HARBOR. 1. THE SELECTION OR
 USE OF A RECOMMENDED BENCHMARK REPLACEMENT AS  A  BENCHMARK  REPLACEMENT
 UNDER  OR  IN RESPECT OF A CONTRACT, SECURITY OR INSTRUMENT BY OPERATION
 OF SECTION 18-401 OF THIS SECTION SHALL CONSTITUTE:
   A. A  COMMERCIALLY  REASONABLE  REPLACEMENT  FOR  AND  A  COMMERCIALLY
 SUBSTANTIAL EQUIVALENT TO LIBOR;
   B.  A  REASONABLE,  COMPARABLE OR ANALOGOUS TERM FOR LIBOR UNDER OR IN
 RESPECT OF SUCH CONTRACT, SECURITY OR INSTRUMENT;
   C. A REPLACEMENT THAT IS BASED ON A METHODOLOGY OR INFORMATION THAT IS
 SIMILAR OR COMPARABLE TO LIBOR; AND
   D. SUBSTANTIAL PERFORMANCE BY ANY PERSON OF ANY  RIGHT  OR  OBLIGATION
 RELATING TO OR BASED ON LIBOR UNDER OR IN RESPECT OF A CONTRACT, SECURI-
 TY OR INSTRUMENT.
   2.  NONE  OF:  A.  A LIBOR DISCONTINUANCE EVENT OR A LIBOR REPLACEMENT
 DATE, B. THE SELECTION OR USE OF A RECOMMENDED BENCHMARK REPLACEMENT  AS
 A  BENCHMARK  REPLACEMENT;  OR C.   THE DETERMINATION, IMPLEMENTATION OR
 PERFORMANCE OF BENCHMARK REPLACEMENT CONFORMING CHANGES, IN  EACH  CASE,
 BY OPERATION OF SECTION 18-401 OF THIS ARTICLE, SHALL:
   (I) BE DEEMED TO IMPAIR OR AFFECT THE RIGHT OF ANY PERSON TO RECEIVE A
 PAYMENT,  OR  AFFECT  THE  AMOUNT  OR  TIMING OF SUCH PAYMENT, UNDER ANY
 CONTRACT, SECURITY, OR INSTRUMENT; OR
   (II) HAVE THE EFFECT OF (A) DISCHARGING OR EXCUSING PERFORMANCE  UNDER
 ANY  CONTRACT,  SECURITY OR INSTRUMENT FOR ANY REASON, CLAIM OR DEFENSE,
 INCLUDING, BUT NOT LIMITED TO, ANY FORCE MAJEURE OR OTHER  PROVISION  IN
 ANY CONTRACT, SECURITY OR INSTRUMENT; (B) GIVING ANY PERSON THE RIGHT TO
 UNILATERALLY  TERMINATE OR SUSPEND PERFORMANCE UNDER ANY CONTRACT, SECU-

 S. 2508--A                         123                        A. 3008--A
 
 RITY OR INSTRUMENT; (C) CONSTITUTING A BREACH OF A CONTRACT, SECURITY OR
 INSTRUMENT; OR (D) VOIDING  OR  NULLIFYING  ANY  CONTRACT,  SECURITY  OR
 INSTRUMENT.
   3.  NO PERSON SHALL HAVE ANY LIABILITY FOR DAMAGES TO ANY PERSON OR BE
 SUBJECT TO ANY CLAIM OR REQUEST FOR EQUITABLE RELIEF ARISING OUT  OF  OR
 RELATED  TO  THE SELECTION OR USE OF A RECOMMENDED BENCHMARK REPLACEMENT
 OR  THE  DETERMINATION,  IMPLEMENTATION  OR  PERFORMANCE  OF   BENCHMARK
 REPLACEMENT  CONFORMING  CHANGES,  IN EACH CASE, BY OPERATION OF SECTION
 18-401 OF THIS ARTICLE, AND SUCH SELECTION OR  USE  OF  THE  RECOMMENDED
 BENCHMARK  REPLACEMENT  OR SUCH DETERMINATION IMPLEMENTATION OR PERFORM-
 ANCE OF BENCHMARK REPLACEMENT CONFORMING CHANGES SHALL NOT GIVE RISE  TO
 ANY CLAIM OR CAUSE OF ACTION BY ANY PERSON IN LAW OR IN EQUITY.
   4.  THE SELECTION OR USE OF A RECOMMENDED BENCHMARK REPLACEMENT OR THE
 DETERMINATION, IMPLEMENTATION, OR PERFORMANCE OF  BENCHMARK  REPLACEMENT
 CONFORMING  CHANGES,  BY  OPERATION  OF  SECTION 18-401 OF THIS ARTICLE,
 SHALL BE DEEMED TO:
   A. NOT BE AN AMENDMENT OR MODIFICATION OF ANY  CONTRACT,  SECURITY  OR
 INSTRUMENT; AND
   B.  NOT  PREJUDICE, IMPAIR OR AFFECT ANY PERSON'S RIGHTS, INTERESTS OR
 OBLIGATIONS UNDER OR IN RESPECT OF ANY CONTRACT, SECURITY OR INSTRUMENT.
   5. EXCEPT AS PROVIDED IN EITHER SUBDIVISION ONE OR  SUBDIVISION  THREE
 OF  SECTION 18-401 OF THIS ARTICLE, THE PROVISIONS OF THIS ARTICLE SHALL
 NOT BE INTERPRETED  AS  CREATING  ANY  NEGATIVE  INFERENCE  OR  NEGATIVE
 PRESUMPTION REGARDING THE VALIDITY OR ENFORCEABILITY OF:
   A.  ANY  BENCHMARK  REPLACEMENT  THAT IS NOT A RECOMMENDED REPLACEMENT
 BENCHMARK;
   B. ANY SPREAD ADJUSTMENT, OR METHOD FOR CALCULATING OR  DETERMINING  A
 SPREAD ADJUSTMENT, THAT IS NOT A RECOMMENDED SPREAD ADJUSTMENT; OR
   C.  ANY  CHANGES,  ALTERATIONS  OR MODIFICATIONS TO OR IN RESPECT OF A
 CONTRACT, SECURITY OR INSTRUMENT  THAT  ARE  NOT  BENCHMARK  REPLACEMENT
 CONFORMING CHANGES.
   § 18-403. SEVERABILITY.  IF  ANY PROVISION OF THIS ARTICLE OR APPLICA-
 TION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALID-
 ITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS  OF  THIS  ARTICLE
 THAT  CAN  BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION,
 AND TO THIS END THE PROVISIONS OF THIS ARTICLE SHALL BE SEVERABLE.
   § 2. This act shall take effect immediately.
 
                                  PART QQ
 
   Section 1.   The general business law  is  amended  by  adding  a  new
 section 399-zzzzz to read as follows:
   §  399-ZZZZZ.  BROADBAND  SERVICE FOR LOW-INCOME CONSUMERS. 1. FOR THE
 PURPOSES OF THIS SECTION, THE TERM  "BROADBAND  SERVICE"  SHALL  MEAN  A
 MASS-MARKET RETAIL SERVICE THAT PROVIDES THE CAPABILITY TO TRANSMIT DATA
 TO  AND  RECEIVE  DATA FROM ALL OR SUBSTANTIALLY ALL INTERNET ENDPOINTS,
 INCLUDING ANY CAPABILITIES THAT ARE INCIDENTAL TO AND ENABLE THE  OPERA-
 TION  OF  THE COMMUNICATIONS SERVICE PROVIDED BY A WIRELINE, FIXED WIRE-
 LESS OR SATELLITE  SERVICE  PROVIDER,  BUT  SHALL  NOT  INCLUDE  DIAL-UP
 SERVICE.
   2.  EVERY  PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR
 SEEKING TO PROVIDE  WIRELINE,  FIXED  WIRELESS  OR  SATELLITE  BROADBAND
 SERVICE  IN  NEW  YORK  STATE  SHALL, NO LATER THAN SIXTY DAYS AFTER THE
 EFFECTIVE DATE OF THIS SECTION, OFFER HIGH SPEED  BROADBAND  SERVICE  TO
 LOW-INCOME  CONSUMERS  WHOSE  HOUSEHOLD:  (A)  IS  ELIGIBLE  FOR FREE OR
 REDUCED-PRICED LUNCH THROUGH THE NATIONAL SCHOOL LUNCH PROGRAM;  OR  (B)

 S. 2508--A                         124                        A. 3008--A
 
 WHOSE  ANNUAL  GROSS  HOUSEHOLD  INCOME  IS NOT IN EXCESS OF ONE HUNDRED
 EIGHTY-FIVE PERCENT OF THE FEDERAL POVERTY GUIDELINES AS UPDATED PERIOD-
 ICALLY IN THE FEDERAL REGISTER BY THE UNITED STATES DEPARTMENT OF HEALTH
 AND  HUMAN  SERVICES  UNDER  THE AUTHORITY OF 42 U.S.C. § 9902(2).  SUCH
 LOW-INCOME BROADBAND SERVICE SHALL  PROVIDE  A  MINIMUM  DOWNLOAD  SPEED
 EQUAL  TO  THE GREATER OF TWENTY-FIVE MEGABITS PER SECOND DOWNLOAD SPEED
 OR THE DOWNLOAD SPEED OF THE PROVIDER'S  EXISTING  LOW-INCOME  BROADBAND
 SERVICE  SOLD TO CUSTOMERS IN THE STATE SUBJECT TO EXCEPTIONS ADOPTED BY
 THE PUBLIC SERVICE COMMISSION WHERE SUCH DOWNLOAD SPEED IS  NOT  REASON-
 ABLY PRACTICABLE.
   3.  BROADBAND  SERVICE  FOR LOW-INCOME CONSUMERS, AS SET FORTH IN THIS
 SECTION, SHALL BE PROVIDED AT A COST OF NO MORE THAN FIFTEEN DOLLARS PER
 MONTH, INCLUSIVE OF ANY RECURRING  TAXES  AND  FEES  SUCH  AS  RECURRING
 RENTAL  FEES FOR SERVICE PROVIDER EQUIPMENT REQUIRED TO OBTAIN BROADBAND
 SERVICE AND USAGE FEES. BROADBAND SERVICE PROVIDERS SHALL ALLOW  LOW-IN-
 COME  BROADBAND  SERVICE  SUBSCRIBERS  TO PURCHASE STANDALONE OR BUNDLED
 CABLE AND/OR PHONE SERVICES SEPARATELY. BROADBAND SERVICE PROVIDERS MAY,
 ONCE EVERY FIVE YEARS, AND AFTER THIRTY DAYS' NOTICE  TO  ITS  CUSTOMERS
 AND THE DEPARTMENT OF PUBLIC SERVICE, INCREASE THE PRICE OF THIS SERVICE
 BY THE LESSER OF THE MOST RECENT CHANGE IN THE CONSUMER PRICE INDEX OR A
 MAXIMUM OF TWO PERCENT PER YEAR OF THE PRICE FOR SUCH SERVICE.
   4.  EVERY  PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR
 SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE  SHALL  MAKE  ALL
 COMMERCIALLY REASONABLE EFFORTS TO PROMOTE AND ADVERTISE THE AVAILABILI-
 TY  OF  BROADBAND  SERVICE  FOR  LOW-INCOME CONSUMERS INCLUDING, BUT NOT
 LIMITED TO, THE PROMINENT DISPLAY OF,  AND  ENROLLMENT  PROCEDURES  FOR,
 SUCH  SERVICE  ON  ITS  WEBSITE AND IN ANY WRITTEN AND COMMERCIAL PROMO-
 TIONAL MATERIALS DEVELOPED TO INFORM CONSUMERS WHO MAY BE  ELIGIBLE  FOR
 SERVICE PURSUANT TO THIS SECTION.
   5.  EVERY  PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR
 SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK  STATE  SHALL  ANNUALLY
 SUBMIT  TO  THE  DEPARTMENT  OF  PUBLIC  SERVICE, NO LATER THAN NOVEMBER
 FIFTEENTH AFTER THE EFFECTIVE DATE OF THIS ACT, AND ANNUALLY THEREAFTER,
 A COMPLIANCE REPORT SETTING FORTH: (A)  A  DESCRIPTION  OF  THE  SERVICE
 OFFERED  PURSUANT  TO THIS SECTION; (B) THE NUMBER OF CONSUMERS ENROLLED
 IN SUCH SERVICE; (C) A DESCRIPTION OF THE PROCEDURES BEING USED TO VERI-
 FY  THE  ELIGIBILITY  OF  CUSTOMERS  RECEIVING  SUCH  SERVICE;   (D)   A
 DESCRIPTION  AND  SAMPLES OF THE ADVERTISING OR MARKETING EFFORTS UNDER-
 TAKEN TO ADVERTISE OR PROMOTE SUCH SERVICE; (E)  A  DESCRIPTION  OF  ALL
 RETAIL  RATE  PRODUCTS, INCLUDING PRICING, OFFERED BY SUCH PERSON, BUSI-
 NESS, CORPORATION, OR THEIR AGENTS; (F) A DESCRIPTION,  INCLUDING  SPEED
 AND  PRICE,  OF ALL BROADBAND PRODUCTS OFFERED IN THE STATE OF NEW YORK;
 AND (G) SUCH OTHER INFORMATION AS THE DEPARTMENT OF PUBLIC  SERVICE  MAY
 REQUIRE.
   6.  THE  DEPARTMENT  OF  PUBLIC SERVICE SHALL, WITHIN TWO YEARS OF THE
 EFFECTIVE DATE OF THIS SECTION AND AT LEAST EVERY FIVE YEARS THEREAFTER,
 UNDERTAKE A PROCEEDING TO DETERMINE IF THE  MINIMUM  BROADBAND  DOWNLOAD
 SPEED  IN THIS SECTION SHOULD BE INCREASED TO THE FEDERAL COMMUNICATIONS
 COMMISSION'S BENCHMARK BROADBAND DOWNLOAD SPEED, OR TO  ANOTHER  MINIMUM
 BROADBAND  DOWNLOAD  SPEED  IF THE FEDERAL COMMUNICATIONS COMMISSION HAS
 NOT INCREASED ITS BENCHMARK BY SUCH DATE.    THE  DEPARTMENT  OF  PUBLIC
 SERVICE  SHALL  ALSO:  (A)  UNDERTAKE APPROPRIATE MEASURES TO INFORM THE
 PUBLIC ABOUT AVAILABLE BROADBAND PRODUCTS, INCLUDING RETAIL RATE PRODUCT
 OFFERINGS AND LOW-INCOME OFFERINGS; AND (B) PERIODICALLY,  BUT  NO  LESS
 THAN  ONCE  EVERY  FIVE  YEARS,  REVIEW ELIGIBILITY REQUIREMENTS FOR THE

 S. 2508--A                         125                        A. 3008--A
 
 LOW-INCOME SERVICE REQUIRED PURSUANT TO THIS SECTION,  AND  UPDATE  SUCH
 REQUIREMENTS AS MAY BE NECESSARY TO MEET THE NEEDS OF CONSUMERS.
   7. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
 PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE  DEFENDANT  OF
 NOT  LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
 VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF  THE  COURT  OR
 JUSTICE  THAT  THE  DEFENDANT  HAS,  IN  FACT, VIOLATED THIS SECTION, AN
 INJUNCTION MAY  BE  ISSUED  BY  THE  COURT  OR  JUSTICE,  ENJOINING  AND
 RESTRAINING  ANY  FURTHER  VIOLATIONS,  WITHOUT REQUIRING PROOF THAT ANY
 PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED  THEREBY.  IN  ANY  SUCH
 PROCEEDING,  THE  COURT  MAY  MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
 PROVIDED IN PARAGRAPH SIX OF SUBDIVISION  (A)  OF  SECTION  EIGHTY-THREE
 HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
 TION. WHENEVER THE COURT  SHALL  DETERMINE  THAT  A  VIOLATION  OF  THIS
 SECTION  HAS  OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
 THAN ONE THOUSAND DOLLARS PER VIOLATION. IN  CONNECTION  WITH  ANY  SUCH
 PROPOSED  APPLICATION,  THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF
 AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   § 2. This act shall take effect immediately.
 
                                  PART RR
 
   Section 1. Section 1678 of the public authorities law  is  amended  by
 adding a new subdivision 30 to read as follows:
   30.  (A)  TO ENTER INTO LOANS WITH, AND TO PROVIDE SERVICES RELATED TO
 PLANNING, DESIGN, CONSTRUCTION, RENOVATION,  RECONSTRUCTION,  FURNISHING
 OR  EQUIPPING  TO,  ANY  SCHOOL  DISTRICT, NOT-FOR-PROFIT CORPORATION OR
 GROUP OF NOT-FOR-PROFIT CORPORATIONS, FOR CAPITAL  PROJECTS  LOCATED  IN
 NEW  YORK  STATE  WITH  AN  AGGREGATE COST OF NOT LESS THAN FIVE MILLION
 DOLLARS.
   (B) TO ENTER INTO LOANS WITH ANY  SCHOOL  DISTRICT  OR  NOT-FOR-PROFIT
 CORPORATION  TO  FUND  THEIR  WORKING CAPITAL NEEDS, PROVIDED SUCH LOANS
 HAVE BEEN PRESENTED TO THE AUTHORITY'S BOARD DURING THE  COVID-19  STATE
 OF EMERGENCY.
   (C) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I)  "NOT-FOR-PROFIT  CORPORATION"  SHALL  MEAN  A DOMESTIC OR FOREIGN
 CORPORATION AS DEFINED IN SECTION ONE HUNDRED TWO OF THE  NOT-FOR-PROFIT
 CORPORATION LAW.
   (II)  "SCHOOL  DISTRICT" SHALL MEAN ANY SCHOOL DISTRICT LOCATED IN THE
 STATE OF NEW YORK.
   (III) "WORKING CAPITAL" SHALL  MEAN  FUNDS  USED  TO  PAY  OPERATIONAL
 EXPENSES,  INCLUDING  BUT  NOT  LIMITED  TO, SALARIES, ACCOUNTS PAYABLE,
 PURCHASING INVENTORY AND OTHER OPERATIONAL OBLIGATIONS.
   (IV) "COVID-19 STATE OF EMERGENCY" SHALL  MEAN  THE  PERIOD  IN  WHICH
 EXECUTIVE  ORDER  TWO HUNDRED TWO OF TWO THOUSAND TWENTY, AS AMENDED, IS
 IN EFFECT TO ADDRESS THE OUTBREAK OF THE NOVEL CORONAVIRUS, COVID-19.
   § 2. Nothing in this act is intended to limit, impair, or  affect  the
 legal  authority  of  the  dormitory  authority of the state of New York
 under any other provision of law.
   § 3. This act shall take effect immediately.
 
                                  PART SS

 S. 2508--A                         126                        A. 3008--A

   Section 1. Paragraph (b) of subdivision 1 of section 7 of section 1 of
 chapter 392 of the laws of 1973 constituting the New York State  Medical
 Care  Facilities  Finance  Agency  act, as amended by chapter 183 of the
 laws of 2018, is amended to read as follows:
   (b) The agency shall not issue hospital and nursing home project bonds
 and  hospital  and  nursing home project notes in an aggregate principal
 amount exceeding [sixteen] SEVENTEEN billion [six] FOUR hundred  million
 dollars,  excluding hospital and nursing home project bonds and hospital
 and nursing home project notes issued to refund outstanding hospital and
 nursing home projects bonds and hospital and nursing home project notes;
 provided, however, that upon any such refunding or repayment  the  total
 aggregate  principal  amount  of outstanding bonds, notes or other obli-
 gations may be greater  than  [sixteen]  SEVENTEEN  billion  [six]  FOUR
 hundred  million dollars only if the present value of the aggregate debt
 service of the refunding or repayment bonds, notes or other  obligations
 to  be  issued  shall not exceed the present value of the aggregate debt
 service of the bonds, notes or other obligations so to  be  refunded  or
 repaid.  For  purposes  hereof, the present values of the aggregate debt
 service of the refunding or repayment bonds, notes or other  obligations
 and  of  the  aggregate  debt service of the bonds, notes or other obli-
 gations so refunded or repaid, shall  be  calculated  by  utilizing  the
 effective  interest  rate  of the refunding or repayment bonds, notes or
 other obligations, which shall be that rate arrived at by  doubling  the
 semi-annual   interest  rate  (compounded  semi-annually)  necessary  to
 discount the debt service payments on the refunding or repayment  bonds,
 notes or other obligations from the payment dates thereof to the date of
 issue  of  the  refunding or repayment bonds, notes or other obligations
 and to the price bid including estimated accrued  interest  or  proceeds
 received  by  the  agency  including estimated accrued interest from the
 sale thereof. The agency shall  not  issue  hospital  and  nursing  home
 project bonds at any time secured by the hospital and nursing home capi-
 tal  reserve fund if upon issuance, the amount in the hospital and nurs-
 ing home capital reserve fund will be less than the hospital and nursing
 home capital reserve fund requirement, unless the agency, at the time of
 issuance of such bonds, shall deposit in  such  reserve  fund  from  the
 proceeds  of  the  bonds  so to be issued, or otherwise, an amount which
 together with the amount then in such reserve fund,  will  be  not  less
 than the hospital and nursing home capital reserve fund requirement.
   § 2. This act shall take effect immediately.
 
                                  PART TT
 
   Section 1. This act enacts into law components of legislation relating
 to  the  pandemic recovery and restart program. Each component is wholly
 contained within a Subpart identified  as  Subparts  A  through  C.  The
 effective  date  for  each  particular  provision  contained within such
 Subpart is set forth in the last section of such Subpart. Any  provision
 in  any section contained within a Subpart, including the effective date
 of the Subpart, which makes reference to a section "of this  act",  when
 used  in  connection  with that particular component, shall be deemed to
 mean and refer to the corresponding section of the Subpart in  which  it
 is  found.  Section  three  of this act sets forth the general effective
 date of this act.
 
                                 SUBPART A

 S. 2508--A                         127                        A. 3008--A
 
   Section 1. The economic development law is amended  by  adding  a  new
 article 24 to read as follows:
                                ARTICLE 24
             SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM
 SECTION 460. SHORT TITLE.
         461. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION.
         462. DEFINITIONS.
         463. ELIGIBILITY CRITERIA.
         464. APPLICATION AND APPROVAL PROCESS.
         465. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT.
         466. POWERS AND DUTIES OF THE COMMISSIONER.
         467. MAINTENANCE OF RECORDS.
         468. REPORTING.
         469. CAP ON TAX CREDIT.
   §  460.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM ACT".
   § 461. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION. IT IS HEREBY
 FOUND AND DECLARED THAT NEW YORK STATE NEEDS,  AS  A  MATTER  OF  PUBLIC
 POLICY,  TO  CREATE  FINANCIAL INCENTIVES FOR SMALL BUSINESSES IN INDUS-
 TRIES THAT HAVE SUFFERED ECONOMIC HARM  AS  A  RESULT  OF  THE  COVID-19
 PANDEMIC  TO EXPEDITIOUSLY REHIRE WORKERS AND INCREASE TOTAL SMALL BUSI-
 NESS EMPLOYMENT. THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM IS
 CREATED TO PROVIDE FINANCIAL INCENTIVES  TO  ECONOMICALLY  HARMED  SMALL
 BUSINESSES  TO  OFFER  RELIEF, EXPEDITE THEIR HIRING EFFORTS, AND REDUCE
 THE DURATION AND SEVERITY OF THE CURRENT ECONOMIC DIFFICULTIES.
   § 462. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1. "ACCOMMODATION SECTOR" MEANS ESTABLISHMENTS THAT PROVIDE LODGING OR
 SHORT-TERM ACCOMMODATIONS FOR TRAVELERS, VACATIONERS, AND OTHERS.
   2. "ARTS, ENTERTAINMENT, AND RECREATION SECTOR"  MEANS  ESTABLISHMENTS
 THAT  OPERATE  FACILITIES  OR  PROVIDE SERVICES TO MEET VARIED CULTURAL,
 ENTERTAINMENT, AND RECREATIONAL INTERESTS OF THEIR PATRONS. THIS  SECTOR
 COMPRISES: (A) ESTABLISHMENTS THAT ARE INVOLVED IN PRODUCING, PROMOTING,
 OR  PARTICIPATING IN LIVE PERFORMANCES, EVENTS, OR EXHIBITS INTENDED FOR
 PUBLIC VIEWING; (B) ESTABLISHMENTS THAT PRESERVE AND EXHIBIT OBJECTS AND
 SITES OF HISTORICAL, CULTURAL, OR EDUCATIONAL INTEREST; AND  (C)  ESTAB-
 LISHMENTS  THAT  OPERATE  FACILITIES  OR  PROVIDE  SERVICES  THAT ENABLE
 PATRONS TO PARTICIPATE IN RECREATIONAL ACTIVITIES OR  PURSUE  AMUSEMENT,
 HOBBY, AND LEISURE-TIME INTERESTS.
   3.  "AVERAGE  FULL-TIME  EMPLOYMENT"  SHALL MEAN THE AVERAGE NUMBER OF
 FULL-TIME EQUIVALENT POSITIONS EMPLOYED  BY  A  BUSINESS  ENTITY  IN  AN
 ELIGIBLE INDUSTRY DURING A GIVEN PERIOD.
   4.  "AVERAGE STARTING FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS THE
 AVERAGE NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A  BUSINESS
 ENTITY IN AN ELIGIBLE INDUSTRY BETWEEN JANUARY FIRST, TWO THOUSAND TWEN-
 TY-ONE, AND MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-ONE.
   5.  "AVERAGE  ENDING  FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS THE
 AVERAGE NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A  BUSINESS
 ENTITY  IN  AN ELIGIBLE INDUSTRY BETWEEN APRIL FIRST, TWO THOUSAND TWEN-
 TY-ONE, AND DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE.
   6. "CERTIFICATE OF TAX CREDIT" MEANS THE DOCUMENT ISSUED TO A BUSINESS
 ENTITY BY THE DEPARTMENT AFTER THE  DEPARTMENT  HAS  VERIFIED  THAT  THE
 BUSINESS  ENTITY  HAS  MET  ALL  APPLICABLE ELIGIBILITY CRITERIA IN THIS
 ARTICLE. THE CERTIFICATE SHALL SPECIFY THE EXACT AMOUNT OF THE TAX CRED-
 IT UNDER THIS ARTICLE THAT A BUSINESS  ENTITY  MAY  CLAIM,  PURSUANT  TO
 SECTION FOUR HUNDRED SIXTY-FIVE OF THIS ARTICLE.

 S. 2508--A                         128                        A. 3008--A
 
   7.  "COMMISSIONER"  SHALL  MEAN  THE COMMISSIONER OF THE DEPARTMENT OF
 ECONOMIC DEVELOPMENT.
   8. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
   9. "ELIGIBLE INDUSTRY" MEANS A BUSINESS ENTITY OPERATING PREDOMINANTLY
 IN ONE OF THE FOLLOWING BUSINESS SECTORS:
   (A) ACCOMMODATIONS; OR
   (B) ARTS, ENTERTAINMENT, AND RECREATION.
   10.  "NET  EMPLOYEE  INCREASE" MEANS AN INCREASE OF AT LEAST ONE FULL-
 TIME EQUIVALENT EMPLOYEE BETWEEN THE AVERAGE STARTING FULL-TIME  EMPLOY-
 MENT AND THE AVERAGE ENDING FULL-TIME EMPLOYMENT OF A BUSINESS ENTITY.
   §  463. ELIGIBILITY CRITERIA. 1. TO BE ELIGIBLE FOR A TAX CREDIT UNDER
 THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM, A BUSINESS  ENTITY
 MUST:
   (A)  BE  A SMALL BUSINESS AS DEFINED IN SECTION ONE HUNDRED THIRTY-ONE
 OF THIS CHAPTER AND HAVE FEWER THAN ONE  HUNDRED  FULL-TIME  JOB  EQUIV-
 ALENTS IN NEW YORK STATE AS OF APRIL FIRST, TWO THOUSAND TWENTY-ONE;
   (B)  OPERATE A BUSINESS LOCATION IN NEW YORK STATE THAT CHARGES ADMIS-
 SION AND/OR ACCEPTS PAYMENT FOR GOODS  AND/OR  SERVICES  FROM  IN-PERSON
 CUSTOMERS;
   (C) OPERATE PREDOMINANTLY IN AN ELIGIBLE INDUSTRY AS DEFINED IN SUBDI-
 VISION NINE OF SECTION FOUR HUNDRED SIXTY-TWO OF THIS ARTICLE; PROVIDED,
 HOWEVER, THAT THE DEPARTMENT, IN ITS REGULATIONS PROMULGATED PURSUANT TO
 THIS  ARTICLE, SHALL HAVE THE AUTHORITY TO LIST CERTAIN SECTORS OF THOSE
 INDUSTRIES AS INELIGIBLE;
   (D) HAVE EXPERIENCED ECONOMIC HARM AS A RESULT OF THE  COVID-19  EMER-
 GENCY  AS EVIDENCED BY A YEAR-TO-YEAR DECREASE OF AT LEAST FORTY PERCENT
 IN NEW YORK STATE BETWEEN THE SECOND QUARTER OF  TWO  THOUSAND  NINETEEN
 AND  THE  SECOND  QUARTER OF TWO THOUSAND TWENTY OR THE THIRD QUARTER OF
 TWO THOUSAND NINETEEN AND THE THIRD QUARTER OF TWO THOUSAND  TWENTY  FOR
 ONE OR BOTH OF: (I) GROSS RECEIPTS OR (II) AVERAGE FULL-TIME EMPLOYMENT;
 AND
   (E) HAVE DEMONSTRATED A NET EMPLOYEE INCREASE.
   2.  A BUSINESS ENTITY MUST BE IN SUBSTANTIAL COMPLIANCE WITH ANY EMER-
 GENCY RESTRICTIONS OR PUBLIC HEALTH ORDERS IMPACTING THE INDUSTRY SECTOR
 OR OTHER LAWS AND REGULATIONS AS  DETERMINED  BY  THE  COMMISSIONER.  IN
 ADDITION,  A  BUSINESS  ENTITY MAY NOT OWE PAST DUE STATE TAXES OR LOCAL
 PROPERTY TAXES UNLESS THE BUSINESS ENTITY IS MAKING PAYMENTS AND COMPLY-
 ING WITH AN APPROVED BINDING PAYMENT AGREEMENT  ENTERED  INTO  WITH  THE
 TAXING AUTHORITY.
   §  464.  APPLICATION  AND  APPROVAL PROCESS. 1. A BUSINESS ENTITY MUST
 SUBMIT A COMPLETE APPLICATION AS PRESCRIBED BY THE COMMISSIONER.
   2. THE COMMISSIONER SHALL ESTABLISH PROCEDURES  AND  A  TIMEFRAME  FOR
 BUSINESS  ENTITIES  TO  SUBMIT APPLICATIONS. AS PART OF THE APPLICATION,
 EACH BUSINESS ENTITY MUST:
   (A) PROVIDE EVIDENCE IN A FORM AND MANNER PRESCRIBED  BY  THE  COMMIS-
 SIONER OF THEIR BUSINESS ELIGIBILITY;
   (B) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE THE
 BUSINESS  ENTITY'S  TAX  INFORMATION  WITH  THE DEPARTMENT. HOWEVER, ANY
 INFORMATION SHARED AS A RESULT OF THIS PROGRAM SHALL  NOT  BE  AVAILABLE
 FOR DISCLOSURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW;
   (C)  AGREE  TO  ALLOW  THE  DEPARTMENT  OF  LABOR TO SHARE ITS TAX AND
 EMPLOYER INFORMATION  WITH  THE  DEPARTMENT.  HOWEVER,  ANY  INFORMATION
 SHARED AS A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE FOR DISCLOSURE
 OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW;
   (D)  ALLOW  THE  DEPARTMENT AND ITS AGENTS ACCESS TO ANY AND ALL BOOKS
 AND RECORDS THE DEPARTMENT MAY REQUIRE TO MONITOR COMPLIANCE;

 S. 2508--A                         129                        A. 3008--A
 
   (E) CERTIFY, UNDER PENALTY OF  PERJURY,  THAT  IT  IS  IN  SUBSTANTIAL
 COMPLIANCE  WITH  ALL  EMERGENCY  ORDERS  OR  PUBLIC  HEALTH REGULATIONS
 CURRENTLY REQUIRED OF SUCH ENTITY, AND LOCAL, AND STATE TAX LAWS; AND
   (F)  AGREE  TO  PROVIDE  ANY  ADDITIONAL  INFORMATION  REQUIRED BY THE
 DEPARTMENT RELEVANT TO THIS ARTICLE.
   3. AFTER REVIEWING A BUSINESS ENTITY'S COMPLETED FINAL APPLICATION AND
 DETERMINING THAT THE BUSINESS ENTITY MEETS THE ELIGIBILITY  CRITERIA  AS
 SET  FORTH  IN  THIS  ARTICLE, THE DEPARTMENT MAY ISSUE TO THAT BUSINESS
 ENTITY A CERTIFICATE OF TAX CREDIT. A BUSINESS ENTITY MAY CLAIM THE  TAX
 CREDIT  IN  THE  TAXABLE  YEAR  THAT INCLUDES DECEMBER THIRTY-FIRST, TWO
 THOUSAND TWENTY-ONE.
   § 465. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. 1. A BUSINESS  ENTITY
 IN  THE  SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM THAT MEETS THE
 ELIGIBILITY REQUIREMENTS OF SECTION FOUR  HUNDRED  SIXTY-THREE  OF  THIS
 ARTICLE MAY BE ELIGIBLE TO CLAIM A CREDIT EQUAL TO FIVE THOUSAND DOLLARS
 PER EACH FULL-TIME EQUIVALENT NET EMPLOYEE INCREASE AS DEFINED IN SUBDI-
 VISION TEN OF SECTION FOUR HUNDRED SIXTY-TWO OF THIS ARTICLE.
   2.  A  BUSINESS  ENTITY,  INCLUDING  A  PARTNERSHIP, LIMITED LIABILITY
 COMPANY AND SUBCHAPTER S CORPORATION, MAY NOT RECEIVE IN EXCESS OF FIFTY
 THOUSAND DOLLARS IN TAX CREDITS UNDER THIS PROGRAM.
   3. THE CREDIT SHALL BE ALLOWED  AS  PROVIDED  IN  SECTION  FORTY-FIVE,
 SUBDIVISION FIFTY-FIVE OF SECTION TWO HUNDRED TEN-B AND SUBSECTION (KKK)
 OF SECTION SIX HUNDRED SIX OF THE TAX LAW.
   §  466. POWERS AND DUTIES OF THE COMMISSIONER. 1. THE COMMISSIONER MAY
 PROMULGATE REGULATIONS ESTABLISHING AN APPLICATION PROCESS AND ELIGIBIL-
 ITY CRITERIA, THAT WILL BE APPLIED CONSISTENT WITH THE PURPOSES OF  THIS
 ARTICLE,  SO AS NOT TO EXCEED THE ANNUAL CAP ON TAX CREDITS SET FORTH IN
 SECTION FOUR HUNDRED SIXTY-NINE OF THIS ARTICLE  WHICH,  NOTWITHSTANDING
 ANY  PROVISIONS  TO  THE  CONTRARY IN THE STATE ADMINISTRATIVE PROCEDURE
 ACT, MAY BE ADOPTED ON AN EMERGENCY BASIS.
   2. THE COMMISSIONER SHALL, IN  CONSULTATION  WITH  THE  DEPARTMENT  OF
 TAXATION  AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT THAT SHALL BE
 ISSUED BY THE COMMISSIONER  TO  ELIGIBLE  BUSINESSES.  SUCH  CERTIFICATE
 SHALL CONTAIN SUCH INFORMATION AS REQUIRED BY THE DEPARTMENT OF TAXATION
 AND FINANCE.
   3.  THE  COMMISSIONER  SHALL  SOLELY  DETERMINE THE ELIGIBILITY OF ANY
 APPLICANT APPLYING FOR ENTRY INTO THE PROGRAM AND SHALL REMOVE ANY BUSI-
 NESS ENTITY FROM THE PROGRAM FOR FAILING TO MEET ANY OF THE REQUIREMENTS
 SET FORTH IN SECTION FOUR HUNDRED SIXTY-THREE OF THIS  ARTICLE,  OR  FOR
 FAILING TO MEET THE REQUIREMENTS SET FORTH IN SUBDIVISION ONE OF SECTION
 FOUR HUNDRED SIXTY-FOUR OF THIS ARTICLE.
   §  467.  MAINTENANCE OF RECORDS. EACH BUSINESS ENTITY PARTICIPATING IN
 THE PROGRAM SHALL KEEP  ALL  RELEVANT  RECORDS  FOR  THEIR  DURATION  OF
 PROGRAM PARTICIPATION FOR AT LEAST THREE YEARS.
   §  468.  REPORTING. EACH BUSINESS ENTITY PARTICIPATING IN THIS PROGRAM
 MUST SUBMIT A PERFORMANCE REPORT TO THE DEPARTMENT AT A TIME  PRESCRIBED
 IN REGULATIONS BY THE COMMISSIONER.
   §  469.  CAP  ON TAX CREDIT. THE TOTAL AMOUNT OF TAX CREDITS LISTED ON
 CERTIFICATES OF TAX CREDIT ISSUED BY THE COMMISSIONER PURSUANT  TO  THIS
 ARTICLE MAY NOT EXCEED FIFTY MILLION DOLLARS.
   §  2.  The  tax  law  is amended by adding a new section 45 to read as
 follows:
   § 45. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CRED-
 IT. A TAXPAYER SUBJECT TO TAX UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS
 CHAPTER SHALL BE ALLOWED A CREDIT AGAINST  SUCH  TAX,  PURSUANT  TO  THE
 PROVISIONS  REFERENCED IN SUBDIVISION (F) OF THIS SECTION. THE AMOUNT OF

 S. 2508--A                         130                        A. 3008--A
 
 THE CREDIT IS EQUAL TO THE AMOUNT DETERMINED PURSUANT  TO  SECTION  FOUR
 HUNDRED  SIXTY-FIVE  OF THE ECONOMIC DEVELOPMENT LAW. NO COST OR EXPENSE
 PAID OR INCURRED BY THE TAXPAYER WHICH IS INCLUDED AS PART OF THE CALCU-
 LATION OF THIS CREDIT SHALL BE THE BASIS OF ANY OTHER TAX CREDIT ALLOWED
 UNDER THIS CHAPTER.
   (B)  ELIGIBILITY. TO BE ELIGIBLE FOR THE SMALL BUSINESS RETURN-TO-WORK
 TAX CREDIT, THE TAXPAYER SHALL HAVE BEEN ISSUED  A  CERTIFICATE  OF  TAX
 CREDIT BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO SUBDIVISION
 TWO  OF SECTION FOUR HUNDRED SIXTY-FOUR OF THE ECONOMIC DEVELOPMENT LAW,
 WHICH CERTIFICATE SHALL SET FORTH THE AMOUNT OF THE CREDIT THAT  MAY  BE
 CLAIMED  FOR  THE  TAXABLE  YEAR. THE TAXPAYER SHALL BE ALLOWED TO CLAIM
 ONLY THE AMOUNT LISTED ON THE CERTIFICATE OF TAX CREDIT FOR THAT TAXABLE
 YEAR. A TAXPAYER THAT IS A PARTNER IN A PARTNERSHIP, MEMBER OF A LIMITED
 LIABILITY COMPANY OR SHAREHOLDER IN A SUBCHAPTER S CORPORATION THAT  HAS
 RECEIVED A CERTIFICATE OF TAX CREDIT SHALL BE ALLOWED ITS PRO RATA SHARE
 OF  THE  CREDIT  EARNED BY THE PARTNERSHIP, LIMITED LIABILITY COMPANY OR
 SUBCHAPTER S CORPORATION.
   (C) TAX RETURN REQUIREMENT. THE TAXPAYER SHALL BE REQUIRED  TO  ATTACH
 TO  ITS TAX RETURN, IN THE FORM PRESCRIBED BY THE COMMISSIONER, PROOF OF
 RECEIPT OF ITS CERTIFICATE OF TAX CREDIT ISSUED BY THE  COMMISSIONER  OF
 THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
   (D)  INFORMATION  SHARING. NOTWITHSTANDING ANY PROVISION OF THIS CHAP-
 TER, EMPLOYEES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPART-
 MENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE:
   (1) INFORMATION DERIVED FROM TAX RETURNS OR REPORTS THAT  IS  RELEVANT
 TO  A  TAXPAYER'S  ELIGIBILITY  TO  PARTICIPATE  IN  THE  SMALL BUSINESS
 RETURN-TO-WORK TAX CREDIT PROGRAM;
   (2) INFORMATION REGARDING THE CREDIT APPLIED FOR, ALLOWED  OR  CLAIMED
 PURSUANT  TO THIS SECTION AND TAXPAYERS THAT ARE APPLYING FOR THE CREDIT
 OR THAT ARE CLAIMING THE CREDIT; AND
   (3) INFORMATION CONTAINED  IN  OR  DERIVED  FROM  CREDIT  CLAIM  FORMS
 SUBMITTED  TO  THE  DEPARTMENT  AND  APPLICATIONS FOR ADMISSION INTO THE
 SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM. EXCEPT AS PROVIDED  IN
 PARAGRAPH TWO OF THIS SUBDIVISION, ALL INFORMATION EXCHANGED BETWEEN THE
 DEPARTMENT  OF  ECONOMIC  DEVELOPMENT  AND  THE  DEPARTMENT SHALL NOT BE
 SUBJECT TO DISCLOSURE OR INSPECTION UNDER THE STATE'S FREEDOM OF  INFOR-
 MATION LAW.
   (E)  CREDIT  RECAPTURE.  IF  A CERTIFICATE OF TAX CREDIT ISSUED BY THE
 DEPARTMENT OF ECONOMIC DEVELOPMENT  UNDER  ARTICLE  TWENTY-FOUR  OF  THE
 ECONOMIC  DEVELOPMENT  LAW  IS REVOKED BY SUCH DEPARTMENT, THE AMOUNT OF
 CREDIT DESCRIBED IN THIS SECTION AND CLAIMED BY THE  TAXPAYER  PRIOR  TO
 THAT  REVOCATION SHALL BE ADDED BACK TO TAX IN THE TAXABLE YEAR IN WHICH
 ANY SUCH REVOCATION BECOMES FINAL.
   (F) CROSS REFERENCES. FOR APPLICATION OF THE CREDIT  PROVIDED  FOR  IN
 THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
   (1) ARTICLE 9-A: SECTION 210-B, SUBDIVISION 55;
   (2) ARTICLE 22: SECTION 606, SUBSECTION (KKK).
   §  3. Section 210-B of the tax law is amended by adding a new subdivi-
 sion 55 to read as follows:
   55. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CREDIT.
 A TAXPAYER SHALL BE ALLOWED A CREDIT, TO  BE  COMPUTED  AS  PROVIDED  IN
 SECTION  FORTY-FIVE  OF  THIS CHAPTER, AGAINST THE TAXES IMPOSED BY THIS
 ARTICLE.
   (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER  THIS  SUBDIVISION
 FOR  THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
 THAN THE AMOUNT PRESCRIBED  IN  PARAGRAPH  (D)  OF  SUBDIVISION  ONE  OF

 S. 2508--A                         131                        A. 3008--A
 
 SECTION  TWO  HUNDRED  TEN  OF THIS ARTICLE.   HOWEVER, IF THE AMOUNT OF
 CREDIT ALLOWED UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR  REDUCES  THE
 TAX  TO  SUCH  AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE
 FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN
 SUCH  TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CRED-
 ITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE  THOU-
 SAND  EIGHTY-SIX  OF  THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF
 SUBSECTION (C) OF SECTION ONE  THOUSAND  EIGHTY-EIGHT  OF  THIS  CHAPTER
 NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.
   §  4. Section 606 of the tax law is amended by adding a new subsection
 (kkk) to read as follows:
   (KKK) SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. (1) ALLOWANCE OF CRED-
 IT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED  IN
 SECTION  FORTY-FIVE  OF  THIS  CHAPTER,  AGAINST THE TAX IMPOSED BY THIS
 ARTICLE.
   (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT  ALLOWED  UNDER
 THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH
 YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT-
 ED  OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED
 EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST WILL  BE
 PAID THEREON.
   §  5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
 of the tax law is amended by adding a  new  clause  (xlvi)  to  read  as
 follows:
 (XLVI) SMALL BUSINESS                AMOUNT OF CREDIT UNDER
 RETURN-TO-WORK TAX                   SUBDIVISION FIFTY-FIVE
 CREDIT                               OF SECTION TWO HUNDRED TEN-B
   § 6. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section  1.  The  economic  development law is amended by adding a new
 article 25 to read as follows:
                                ARTICLE 25
               RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM
 SECTION 470. SHORT TITLE.
         471. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION.
         472. DEFINITIONS.
         473. ELIGIBILITY CRITERIA.
         474. APPLICATION AND APPROVAL PROCESS.
         475. RESTAURANT RETURN-TO-WORK TAX CREDIT.
         476. POWERS AND DUTIES OF THE COMMISSIONER.
         477. MAINTENANCE OF RECORDS.
         478. REPORTING.
         479. CAP ON TAX CREDIT.
   § 470. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
 THE "RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM ACT".
   § 471. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION. IT IS HEREBY
 FOUND  AND  DECLARED  THAT  NEW  YORK STATE NEEDS, AS A MATTER OF PUBLIC
 POLICY,  TO  CREATE  FINANCIAL  INCENTIVES  FOR  RESTAURANTS  THAT  HAVE
 SUFFERED  ECONOMIC  HARM  AS  A RESULT OF THE COVID-19 PANDEMIC TO EXPE-
 DITIOUSLY REHIRE WORKERS AND INCREASE TOTAL EMPLOYMENT.  THE  RESTAURANT
 RETURN-TO-WORK TAX CREDIT PROGRAM IS CREATED TO PROVIDE FINANCIAL INCEN-
 TIVES TO ECONOMICALLY HARMED RESTAURANTS TO OFFER RELIEF, EXPEDITE THEIR
 HIRING  EFFORTS,  AND  REDUCE  THE  DURATION AND SEVERITY OF THE CURRENT
 ECONOMIC DIFFICULTIES.

 S. 2508--A                         132                        A. 3008--A
 
   § 472. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1.  "AVERAGE  FULL-TIME  EMPLOYMENT"  SHALL MEAN THE AVERAGE NUMBER OF
 FULL-TIME EQUIVALENT POSITIONS EMPLOYED  BY  A  BUSINESS  ENTITY  IN  AN
 ELIGIBLE INDUSTRY DURING A GIVEN PERIOD.
   2.  "AVERAGE STARTING FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS THE
 AVERAGE NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A  BUSINESS
 ENTITY IN AN ELIGIBLE INDUSTRY BETWEEN JANUARY FIRST, TWO THOUSAND TWEN-
 TY-ONE, AND MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-ONE.
   3.  "AVERAGE  ENDING  FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS THE
 AVERAGE NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A  BUSINESS
 ENTITY  IN  AN ELIGIBLE INDUSTRY BETWEEN APRIL FIRST, TWO THOUSAND TWEN-
 TY-ONE, AND EITHER AUGUST  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-ONE,  OR
 DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, WHICHEVER DATE THE BUSI-
 NESS ENTITY CHOOSES TO USE.
   4. "CERTIFICATE OF TAX CREDIT" MEANS THE DOCUMENT ISSUED TO A BUSINESS
 ENTITY  BY  THE  DEPARTMENT  AFTER  THE DEPARTMENT HAS VERIFIED THAT THE
 BUSINESS ENTITY HAS MET ALL  APPLICABLE  ELIGIBILITY  CRITERIA  IN  THIS
 ARTICLE. THE CERTIFICATE SHALL SPECIFY THE EXACT AMOUNT OF THE TAX CRED-
 IT  UNDER  THIS  ARTICLE  THAT  A BUSINESS ENTITY MAY CLAIM, PURSUANT TO
 SECTION FOUR HUNDRED SEVENTY-FIVE OF THIS ARTICLE.
   5. "COMMISSIONER" SHALL MEAN COMMISSIONER OF THE DEPARTMENT OF ECONOM-
 IC DEVELOPMENT.
   6. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
   7. "ELIGIBLE INDUSTRY" MEANS A BUSINESS ENTITY OPERATING PREDOMINANTLY
 IN THE COVID-19 IMPACTED FOOD SERVICES SECTOR.
   8. "NET EMPLOYEE INCREASE" MEANS AN INCREASE OF AT LEAST ONE FULL-TIME
 EQUIVALENT EMPLOYEE BETWEEN THE AVERAGE  STARTING  FULL-TIME  EMPLOYMENT
 AND THE AVERAGE ENDING FULL-TIME EMPLOYMENT OF A BUSINESS ENTITY.
   9. "COVID-19 IMPACTED FOOD SERVICES SECTOR" MEANS:
   (A)  INDEPENDENTLY  OWNED  ESTABLISHMENTS  THAT ARE LOCATED INSIDE THE
 CITY OF NEW YORK AND HAVE BEEN SUBJECTED TO A BAN ON INDOOR  DINING  FOR
 OVER  SIX  MONTHS  AND  ARE  PRIMARILY  ORGANIZED TO PREPARE AND PROVIDE
 MEALS, AND/OR BEVERAGES TO  CUSTOMERS  FOR  CONSUMPTION,  INCLUDING  FOR
 IMMEDIATE  INDOOR  ON-PREMISES  CONSUMPTION, AS FURTHER DEFINED IN REGU-
 LATIONS PURSUANT TO THIS ARTICLE; AND
   (B) INDEPENDENTLY OWNED ESTABLISHMENTS THAT ARE LOCATED OUTSIDE OF THE
 CITY OF NEW YORK IN AN AREA WHICH HAS BEEN AND/OR REMAINS DESIGNATED  BY
 THE  DEPARTMENT  OF HEALTH AS EITHER AN ORANGE ZONE OR RED ZONE PURSUANT
 TO EXECUTIVE ORDER 202.68 AS AMENDED, AND FOR WHICH SUCH DESIGNATION WAS
 OR HAS BEEN IN EFFECT AND RESULTED IN ADDITIONAL RESTRICTIONS ON  INDOOR
 DINING FOR AT LEAST THIRTY CONSECUTIVE DAYS, AND ARE PRIMARILY ORGANIZED
 TO PREPARE AND PROVIDE MEALS, AND/OR BEVERAGES TO CUSTOMERS FOR CONSUMP-
 TION, INCLUDING FOR IMMEDIATE INDOOR ON-PREMISES CONSUMPTION, AS FURTHER
 DEFINED IN REGULATIONS PURSUANT TO THIS ARTICLE.
   §  473. ELIGIBILITY CRITERIA. 1. TO BE ELIGIBLE FOR A TAX CREDIT UNDER
 THE RESTAURANT RETURN-TO-WORK TAX  CREDIT  PROGRAM,  A  BUSINESS  ENTITY
 MUST:
   (A)  BE  A SMALL BUSINESS AS DEFINED IN SECTION ONE HUNDRED THIRTY-ONE
 OF THIS CHAPTER AND HAVE FEWER THAN ONE  HUNDRED  FULL-TIME  JOB  EQUIV-
 ALENTS IN NEW YORK STATE AS OF APRIL FIRST, TWO THOUSAND TWENTY-ONE;
   (B)  OPERATE  A  BUSINESS LOCATION IN NEW YORK STATE THAT IS PRIMARILY
 ORGANIZED TO ACCEPT PAYMENT FOR MEALS AND/OR  BEVERAGES  INCLUDING  FROM
 IN-PERSON CUSTOMERS;
   (C)  OPERATE  PREDOMINANTLY  IN  THE  COVID-19  IMPACTED FOOD SERVICES
 SECTOR; PROVIDED, HOWEVER,  THAT  THE  DEPARTMENT,  IN  ITS  REGULATIONS

 S. 2508--A                         133                        A. 3008--A
 
 PROMULGATED  PURSUANT  TO THIS ARTICLE, SHALL HAVE THE AUTHORITY TO LIST
 CERTAIN TYPES OF ESTABLISHMENTS AS INELIGIBLE;
   (D)  HAVE  EXPERIENCED ECONOMIC HARM AS A RESULT OF THE COVID-19 EMER-
 GENCY AS EVIDENCED BY A YEAR-TO-YEAR DECREASE OF AT LEAST FORTY  PERCENT
 IN  NEW  YORK  STATE BETWEEN THE SECOND QUARTER OF TWO THOUSAND NINETEEN
 AND THE SECOND QUARTER OF TWO THOUSAND TWENTY OR THE  THIRD  QUARTER  OF
 TWO  THOUSAND  NINETEEN AND THE THIRD QUARTER OF TWO THOUSAND TWENTY FOR
 ONE OR BOTH OF: (I) GROSS RECEIPTS OR (II) AVERAGE FULL-TIME EMPLOYMENT;
 AND
   (E) HAVE DEMONSTRATED A NET EMPLOYEE INCREASE.
   2. A BUSINESS ENTITY MUST BE IN SUBSTANTIAL COMPLIANCE WITH ANY PUBLIC
 HEALTH OR OTHER EMERGENCY ORDERS OR REGULATIONS RELATED TO THE  ENTITY'S
 SECTOR  OR OTHER LAWS AND REGULATIONS AS DETERMINED BY THE COMMISSIONER.
 IN ADDITION, A BUSINESS ENTITY MAY NOT OWE PAST DUE STATE TAXES OR LOCAL
 PROPERTY TAXES UNLESS THE BUSINESS ENTITY IS MAKING PAYMENTS AND COMPLY-
 ING WITH AN APPROVED BINDING PAYMENT AGREEMENT  ENTERED  INTO  WITH  THE
 TAXING AUTHORITY.
   §  474.  APPLICATION  AND  APPROVAL PROCESS. 1. A BUSINESS ENTITY MUST
 SUBMIT A COMPLETE APPLICATION AS PRESCRIBED BY THE COMMISSIONER.
   2. THE COMMISSIONER SHALL ESTABLISH PROCEDURES  AND  A  TIMEFRAME  FOR
 BUSINESS  ENTITIES  TO  SUBMIT APPLICATIONS. AS PART OF THE APPLICATION,
 EACH BUSINESS ENTITY MUST:
   (A) PROVIDE EVIDENCE IN A FORM AND MANNER PRESCRIBED  BY  THE  COMMIS-
 SIONER OF THEIR BUSINESS ELIGIBILITY;
   (B) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE THE
 BUSINESS  ENTITY'S  TAX  INFORMATION  WITH  THE DEPARTMENT. HOWEVER, ANY
 INFORMATION SHARED AS A RESULT OF THIS PROGRAM SHALL  NOT  BE  AVAILABLE
 FOR DISCLOSURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW;
   (C)  AGREE  TO  ALLOW  THE  DEPARTMENT  OF  LABOR TO SHARE ITS TAX AND
 EMPLOYER INFORMATION  WITH  THE  DEPARTMENT.  HOWEVER,  ANY  INFORMATION
 SHARED AS A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE FOR DISCLOSURE
 OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW;
   (D)  ALLOW  THE  DEPARTMENT AND ITS AGENTS ACCESS TO ANY AND ALL BOOKS
 AND RECORDS THE DEPARTMENT MAY REQUIRE TO MONITOR COMPLIANCE;
   (E) CERTIFY, UNDER PENALTY OF  PERJURY,  THAT  IT  IS  IN  SUBSTANTIAL
 COMPLIANCE  WITH  ALL  EMERGENCY  ORDERS  OR  PUBLIC  HEALTH REGULATIONS
 CURRENTLY REQUIRED OF SUCH ENTITY, AND LOCAL, AND STATE TAX LAWS; AND
   (F) AGREE TO  PROVIDE  ANY  ADDITIONAL  INFORMATION  REQUIRED  BY  THE
 DEPARTMENT RELEVANT TO THIS ARTICLE.
   3. AFTER REVIEWING A BUSINESS ENTITY'S COMPLETED FINAL APPLICATION AND
 DETERMINING  THAT  THE BUSINESS ENTITY MEETS THE ELIGIBILITY CRITERIA AS
 SET FORTH IN THIS ARTICLE, THE DEPARTMENT MAY  ISSUE  TO  THAT  BUSINESS
 ENTITY  A CERTIFICATE OF TAX CREDIT. A BUSINESS ENTITY MAY CLAIM THE TAX
 CREDIT IN THE TAXABLE YEAR  THAT  INCLUDES  DECEMBER  THIRTY-FIRST,  TWO
 THOUSAND TWENTY-ONE.
   §  475.  RESTAURANT RETURN-TO-WORK TAX CREDIT. 1. A BUSINESS ENTITY IN
 THE RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM THAT MEETS  THE  ELIGI-
 BILITY  REQUIREMENTS OF SECTION FOUR HUNDRED SEVENTY-THREE OF THIS ARTI-
 CLE MAY BE ELIGIBLE TO CLAIM A CREDIT EQUAL TO FIVE THOUSAND DOLLARS PER
 EACH FULL-TIME EQUIVALENT NET EMPLOYEE INCREASE AS DEFINED  IN  SUBDIVI-
 SION EIGHT OF SECTION FOUR HUNDRED SEVENTY-TWO OF THIS ARTICLE.
   2.  A  BUSINESS  ENTITY,  INCLUDING  A  PARTNERSHIP, LIMITED LIABILITY
 COMPANY AND SUBCHAPTER S CORPORATION, MAY NOT RECEIVE IN EXCESS OF FIFTY
 THOUSAND DOLLARS IN TAX CREDITS UNDER THIS PROGRAM.

 S. 2508--A                         134                        A. 3008--A
 
   3. THE CREDIT SHALL BE ALLOWED  AS  PROVIDED  IN  SECTIONS  FORTY-SIX,
 SUBDIVISION  FIFTY-SIX OF SECTION TWO HUNDRED TEN-B AND SUBSECTION (LLL)
 OF SECTION SIX HUNDRED SIX OF THE TAX LAW.
   §  476. POWERS AND DUTIES OF THE COMMISSIONER. 1. THE COMMISSIONER MAY
 PROMULGATE REGULATIONS ESTABLISHING AN APPLICATION PROCESS AND ELIGIBIL-
 ITY CRITERIA, THAT WILL BE APPLIED CONSISTENT WITH THE PURPOSES OF  THIS
 ARTICLE,  SO AS NOT TO EXCEED THE ANNUAL CAP ON TAX CREDITS SET FORTH IN
 SECTION FOUR HUNDRED SEVENTY-NINE OF THIS ARTICLE WHICH, NOTWITHSTANDING
 ANY PROVISIONS TO THE CONTRARY IN  THE  STATE  ADMINISTRATIVE  PROCEDURE
 ACT, MAY BE ADOPTED ON AN EMERGENCY BASIS.
   2.  THE  COMMISSIONER  SHALL,  IN  CONSULTATION WITH THE DEPARTMENT OF
 TAXATION AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT THAT SHALL  BE
 ISSUED  BY  THE  COMMISSIONER  TO  ELIGIBLE BUSINESSES. SUCH CERTIFICATE
 SHALL CONTAIN SUCH INFORMATION AS REQUIRED BY THE DEPARTMENT OF TAXATION
 AND FINANCE.
   3. THE COMMISSIONER SHALL SOLELY  DETERMINE  THE  ELIGIBILITY  OF  ANY
 APPLICANT APPLYING FOR ENTRY INTO THE PROGRAM AND SHALL REMOVE ANY BUSI-
 NESS ENTITY FROM THE PROGRAM FOR FAILING TO MEET ANY OF THE REQUIREMENTS
 SET  FORTH IN SECTION FOUR HUNDRED SEVENTY-THREE OF THIS ARTICLE, OR FOR
 FAILING TO MEET THE REQUIREMENTS SET FORTH IN SUBDIVISION ONE OF SECTION
 FOUR HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
   § 477. MAINTENANCE OF RECORDS. EACH BUSINESS ENTITY  PARTICIPATING  IN
 THE  PROGRAM  SHALL  KEEP  ALL  RELEVANT  RECORDS  FOR THEIR DURATION OF
 PROGRAM PARTICIPATION FOR AT LEAST THREE YEARS.
   § 478. REPORTING. EACH BUSINESS ENTITY PARTICIPATING IN  THIS  PROGRAM
 MUST  SUBMIT A PERFORMANCE REPORT TO THE DEPARTMENT AT A TIME PRESCRIBED
 IN REGULATIONS BY THE COMMISSIONER.
   § 479. CAP ON TAX CREDIT. THE TOTAL AMOUNT OF TAX  CREDITS  LISTED  ON
 CERTIFICATES  OF  TAX CREDIT ISSUED BY THE COMMISSIONER PURSUANT TO THIS
 ARTICLE MAY NOT EXCEED FIFTY MILLION DOLLARS.
   § 2. The tax law is amended by adding a new  section  46  to  read  as
 follows:
   § 46. RESTAURANT RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CREDIT. A
 TAXPAYER SUBJECT TO TAX UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAP-
 TER  SHALL  BE  ALLOWED  A  CREDIT  AGAINST  SUCH  TAX,  PURSUANT TO THE
 PROVISIONS REFERENCED IN SUBDIVISION (F) OF THIS SECTION. THE AMOUNT  OF
 THE  CREDIT  IS  EQUAL TO THE AMOUNT DETERMINED PURSUANT TO SECTION FOUR
 HUNDRED SEVENTY-FIVE OF THE ECONOMIC DEVELOPMENT LAW. NO COST OR EXPENSE
 PAID OR INCURRED BY THE TAXPAYER WHICH IS INCLUDED AS PART OF THE CALCU-
 LATION OF THIS CREDIT SHALL BE THE BASIS OF ANY OTHER TAX CREDIT ALLOWED
 UNDER THIS CHAPTER.
   (B) ELIGIBILITY. TO BE ELIGIBLE FOR THE RESTAURANT RETURN-TO-WORK  TAX
 CREDIT,  THE TAXPAYER SHALL HAVE BEEN ISSUED A CERTIFICATE OF TAX CREDIT
 BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO SUBDIVISION TWO OF
 SECTION FOUR HUNDRED SEVENTY-FOUR OF THE ECONOMIC DEVELOPMENT LAW, WHICH
 CERTIFICATE SHALL SET FORTH THE AMOUNT OF THE CREDIT THAT MAY BE CLAIMED
 FOR THE TAXABLE YEAR. THE TAXPAYER SHALL BE ALLOWED TO  CLAIM  ONLY  THE
 AMOUNT  LISTED ON THE CERTIFICATE OF TAX CREDIT FOR THAT TAXABLE YEAR. A
 TAXPAYER THAT IS A PARTNER IN A PARTNERSHIP, MEMBER OF A LIMITED LIABIL-
 ITY COMPANY OR SHAREHOLDER  IN  A  SUBCHAPTER  S  CORPORATION  THAT  HAS
 RECEIVED A CERTIFICATE OF TAX CREDIT SHALL BE ALLOWED ITS PRO RATA SHARE
 OF  THE  CREDIT  EARNED BY THE PARTNERSHIP, LIMITED LIABILITY COMPANY OR
 SUBCHAPTER S CORPORATION.
   (C) TAX RETURN REQUIREMENT AND ADVANCE PAYMENT OPTION. (1) THE TAXPAY-
 ER SHALL BE REQUIRED TO ATTACH TO ITS TAX RETURN IN THE FORM  PRESCRIBED

 S. 2508--A                         135                        A. 3008--A
 
 BY  THE  COMMISSIONER, PROOF OF RECEIPT OF ITS CERTIFICATE OF TAX CREDIT
 ISSUED BY THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
   (2)  TAXPAYERS  WHO  CHOOSE  TO  USE AUGUST THIRTY-FIRST, TWO THOUSAND
 TWENTY-ONE AS THE LAST DATE TO CALCULATE THEIR AVERAGE ENDING  FULL-TIME
 EMPLOYMENT AND HAVE RECEIVED THEIR CERTIFICATE OF TAX CREDIT BY NOVEMBER
 FIFTEENTH,  TWO  THOUSAND TWENTY-ONE SHALL HAVE THE OPTION TO REQUEST AN
 ADVANCE PAYMENT OF THE AMOUNT OF TAX CREDIT THEY ARE ALLOWED UNDER  THIS
 SECTION.  A  TAXPAYER  MUST SUBMIT SUCH REQUEST TO THE DEPARTMENT IN THE
 MANNER PRESCRIBED BY THE COMMISSIONER AFTER IT HAS BEEN ISSUED A CERTIF-
 ICATE OF TAX CREDIT BY THE DEPARTMENT OF ECONOMIC  DEVELOPMENT  PURSUANT
 TO  SUBDIVISION TWO OF SECTION FOUR HUNDRED SEVENTY-FOUR OF THE ECONOMIC
 DEVELOPMENT LAW (OR SUCH CERTIFICATE HAS BEEN ISSUED TO  A  PARTNERSHIP,
 LIMITED  LIABILITY  COMPANY OR SUBCHAPTER S CORPORATION IN WHICH IT IS A
 PARTNER, MEMBER OR SHAREHOLDER, RESPECTIVELY), BUT SUCH REQUEST MUST  BE
 SUBMITTED NO LATER THAN NOVEMBER FIFTEENTH, TWO THOUSAND TWENTY-ONE. FOR
 THOSE  TAXPAYERS  WHO HAVE REQUESTED AN ADVANCE PAYMENT AND FOR WHOM THE
 COMMISSIONER HAS DETERMINED ELIGIBLE FOR THIS CREDIT,  THE  COMMISSIONER
 SHALL  ADVANCE  A  PAYMENT  OF  THE  TAX CREDIT ALLOWED TO THE TAXPAYER.
 HOWEVER, IN THE CASE OF A TAXPAYER SUBJECT TO  ARTICLE  NINE-A  OF  THIS
 CHAPTER,  SUCH PAYMENT SHALL BE EQUAL TO THE AMOUNT OF CREDIT ALLOWED TO
 THE TAXPAYER LESS TWENTY-FIVE DOLLARS.  SUCH TWENTY-FIVE  DOLLARS  SHALL
 REPRESENT  A  PARTIAL  PAYMENT OF TAX OWED BY THE TAXPAYER UNDER ARTICLE
 NINE-A, INCLUDING ANY FIXED DOLLAR MINIMUM OWED UNDER PARAGRAPH  (D)  OF
 SUBDIVISION  ONE  OF  SECTION  TWO  HUNDRED  TEN OF THIS CHAPTER. WHEN A
 TAXPAYER FILES ITS RETURN FOR THE  TAXABLE  YEAR,  SUCH  TAXPAYER  SHALL
 PROPERLY  RECONCILE THE ADVANCE PAYMENT AND ANY PARTIAL PAYMENT OF FIXED
 DOLLAR MINIMUM TAX, IF APPLICABLE, ON THE TAXPAYER'S RETURN.
   (D) INFORMATION SHARING. NOTWITHSTANDING ANY PROVISION OF  THIS  CHAP-
 TER, EMPLOYEES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPART-
 MENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE:
   (1)  INFORMATION  DERIVED FROM TAX RETURNS OR REPORTS THAT IS RELEVANT
 TO A TAXPAYER'S ELIGIBILITY TO PARTICIPATE IN THE RESTAURANT  RETURN-TO-
 WORK TAX CREDIT PROGRAM;
   (2)  INFORMATION  REGARDING THE CREDIT APPLIED FOR, ALLOWED OR CLAIMED
 PURSUANT TO THIS SECTION AND TAXPAYERS THAT ARE APPLYING FOR THE  CREDIT
 OR THAT ARE CLAIMING THE CREDIT; AND
   (3)  INFORMATION  CONTAINED  IN  OR  DERIVED  FROM  CREDIT CLAIM FORMS
 SUBMITTED TO THE DEPARTMENT AND  APPLICATIONS  FOR  ADMISSION  INTO  THE
 RESTAURANT  RETURN-TO-WORK  TAX  CREDIT  PROGRAM.  EXCEPT AS PROVIDED IN
 PARAGRAPH TWO OF THIS SUBDIVISION, ALL INFORMATION EXCHANGED BETWEEN THE
 DEPARTMENT OF ECONOMIC DEVELOPMENT  AND  THE  DEPARTMENT  SHALL  NOT  BE
 SUBJECT  TO DISCLOSURE OR INSPECTION UNDER THE STATE'S FREEDOM OF INFOR-
 MATION LAW.
   (E) CREDIT RECAPTURE. IF A CERTIFICATE OF TAX  CREDIT  ISSUED  BY  THE
 DEPARTMENT  OF  ECONOMIC  DEVELOPMENT  UNDER  ARTICLE TWENTY-FIVE OF THE
 ECONOMIC DEVELOPMENT LAW IS REVOKED BY SUCH DEPARTMENT,  THE  AMOUNT  OF
 CREDIT  DESCRIBED  IN  THIS SECTION AND CLAIMED BY THE TAXPAYER PRIOR TO
 THAT REVOCATION SHALL BE ADDED BACK TO TAX IN THE TAXABLE YEAR IN  WHICH
 ANY SUCH REVOCATION BECOMES FINAL.
   (F)  CROSS  REFERENCES.  FOR APPLICATION OF THE CREDIT PROVIDED FOR IN
 THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
   (1) ARTICLE 9-A: SECTION 210-B, SUBDIVISION 56;
   (2) ARTICLE 22: SECTION 606, SUBSECTION (LLL).
   § 3. Section 210-B of the tax law is amended by adding a new  subdivi-
 sion 56 to read as follows:

 S. 2508--A                         136                        A. 3008--A
 
   56.  RESTAURANT  RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CREDIT. A
 TAXPAYER SHALL BE ALLOWED A  CREDIT,  TO  BE  COMPUTED  AS  PROVIDED  IN
 SECTION  FORTY-SIX  OF  THIS  CHAPTER, AGAINST THE TAXES IMPOSED BY THIS
 ARTICLE.
   (B)  APPLICATION  OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
 FOR THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO  LESS
 THAN  THE  AMOUNT  PRESCRIBED  IN  PARAGRAPH  (D)  OF SUBDIVISION ONE OF
 SECTION TWO HUNDRED TEN OF THIS ARTICLE.   HOWEVER,  IF  THE  AMOUNT  OF
 CREDIT  ALLOWED  UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR REDUCES THE
 TAX TO SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX  BASED  ON  THE
 FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN
 SUCH  TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CRED-
 ITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE  THOU-
 SAND  EIGHTY-SIX  OF  THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF
 SUBSECTION (C) OF SECTION ONE  THOUSAND  EIGHTY-EIGHT  OF  THIS  CHAPTER
 NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.
   §  4. Section 606 of the tax law is amended by adding a new subsection
 (lll) to read as follows:
   (LLL) RESTAURANT RETURN-TO-WORK TAX CREDIT. (1) ALLOWANCE  OF  CREDIT.
 A  TAXPAYER  SHALL  BE  ALLOWED  A CREDIT, TO BE COMPUTED AS PROVIDED IN
 SECTION FORTY-SIX OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTI-
 CLE.
   (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT  ALLOWED  UNDER
 THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH
 YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT-
 ED  OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED
 EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST WILL  BE
 PAID THEREON.
   §  5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
 of the tax law is amended by adding a new  clause  (xlvii)  to  read  as
 follows:
 (XLVII) RESTAURANT RETURN-TO-WORK    AMOUNT OF CREDIT UNDER
 TAX CREDIT                           SUBDIVISION FIFTY-SIX OF
                                      SECTION TWO HUNDRED TEN-B
   § 6. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section 1. The tax law is amended by adding a new section 24-c to read
 as follows:
   §  24-C.  NEW  YORK CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT.
 (A) (1) ALLOWANCE OF CREDIT. A TAXPAYER THAT IS  A  QUALIFIED  NEW  YORK
 CITY  MUSICAL AND THEATRICAL PRODUCTION COMPANY, OR IS A SOLE PROPRIETOR
 OF OR A MEMBER OF A PARTNERSHIP  THAT  IS  A  QUALIFIED  NEW  YORK  CITY
 MUSICAL  AND  THEATRICAL  PRODUCTION COMPANY, AND THAT IS SUBJECT TO TAX
 UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAPTER, SHALL BE  ALLOWED  A
 CREDIT  AGAINST  SUCH  TAX,  PURSUANT  TO  THE PROVISIONS REFERRED TO IN
 SUBDIVISION (D) OF THIS SECTION, AND TO BE COMPUTED AS PROVIDED IN  THIS
 SECTION.
   (2)  THE  AMOUNT OF THE CREDIT SHALL BE THE PRODUCT (OR PRO RATA SHARE
 OF THE PRODUCT, IN THE CASE OF A MEMBER OF A PARTNERSHIP) OF TWENTY-FIVE
 PERCENT AND THE SUM OF THE QUALIFIED PRODUCTION  EXPENDITURES  PAID  FOR
 DURING  THE  QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION'S
 CREDIT PERIOD. PROVIDED HOWEVER THAT THE AMOUNT  OF  THE  CREDIT  CANNOT
 EXCEED FIVE HUNDRED THOUSAND DOLLARS PER QUALIFIED NEW YORK CITY MUSICAL
 AND THEATRICAL PRODUCTION COMPANY.

 S. 2508--A                         137                        A. 3008--A
 
   (3)  NO QUALIFIED PRODUCTION EXPENDITURES USED BY A TAXPAYER EITHER AS
 THE BASIS FOR THE ALLOWANCE OF THE  CREDIT  PROVIDED  PURSUANT  TO  THIS
 SECTION  OR  USED  IN THE CALCULATION OF THE CREDIT PROVIDED PURSUANT TO
 THIS SECTION SHALL BE USED BY SUCH TAXPAYER TO CLAIM  ANY  OTHER  CREDIT
 ALLOWED PURSUANT TO THIS CHAPTER.
   (B)  DEFINITIONS.  AS  USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (1) "QUALIFIED MUSICAL AND THEATRICAL PRODUCTION" MEANS  A  FOR-PROFIT
 LIVE,  DRAMATIC  STAGE  PRESENTATION  THAT,  IN ITS ORIGINAL OR ADAPTIVE
 VERSION, IS PERFORMED IN A QUALIFIED NEW YORK CITY PRODUCTION  FACILITY,
 WHETHER  OR  NOT  SUCH  PRODUCTION WAS PERFORMED IN A QUALIFIED NEW YORK
 CITY PRODUCTION FACILITY PRIOR TO MARCH TWELFTH, TWO THOUSAND TWENTY.
   (2) "QUALIFIED PRODUCTION EXPENDITURE" MEANS ANY  COSTS  FOR  TANGIBLE
 PROPERTY  USED  AND SERVICES PERFORMED DIRECTLY AND PREDOMINANTLY IN THE
 PRODUCTION OF A QUALIFIED MUSICAL AND THEATRICAL PRODUCTION  WITHIN  THE
 CITY  OF  NEW YORK, INCLUDING: (I) EXPENDITURES FOR DESIGN, CONSTRUCTION
 AND OPERATION, INCLUDING SETS, SPECIAL  AND  VISUAL  EFFECTS,  COSTUMES,
 WARDROBES,  MAKE-UP, ACCESSORIES AND COSTS ASSOCIATED WITH SOUND, LIGHT-
 ING, AND STAGING; (II) ALL SALARIES, WAGES, FEES, AND OTHER COMPENSATION
 INCLUDING RELATED BENEFITS FOR SERVICES PERFORMED  OF  WHICH  THE  TOTAL
 ALLOWABLE  EXPENSE  SHALL  NOT  EXCEED  TWO HUNDRED THOUSAND DOLLARS PER
 WEEK; AND (III) TECHNICAL AND CREW PRODUCTION COSTS,  SUCH  AS  EXPENDI-
 TURES  FOR  A  QUALIFIED  NEW YORK CITY PRODUCTION FACILITY, OR ANY PART
 THEREOF, PROPS, MAKE-UP, WARDROBE, COSTUMES, EQUIPMENT USED FOR  SPECIAL
 AND  VISUAL  EFFECTS,  SOUND  RECORDING, SET CONSTRUCTION, AND LIGHTING.
 QUALIFIED PRODUCTION EXPENDITURE DOES NOT  INCLUDE  ANY  COSTS  INCURRED
 PRIOR TO MARCH THIRTEENTH, TWO THOUSAND TWENTY.
   (3)  "QUALIFIED  NEW  YORK  CITY PRODUCTION FACILITY" MEANS A FACILITY
 LOCATED WITHIN THE CITY  OF  NEW  YORK  (I)  IN  WHICH  LIVE  THEATRICAL
 PRODUCTIONS  ARE  OR  ARE  INTENDED TO BE PRIMARILY PRESENTED, (II) THAT
 CONTAINS AT LEAST ONE STAGE, A SEATING CAPACITY OF FIVE HUNDRED OR  MORE
 SEATS,  AND DRESSING ROOMS, STORAGE AREAS, AND OTHER ANCILLARY AMENITIES
 NECESSARY FOR THE QUALIFIED MUSICAL AND THEATRICAL PRODUCTION, AND (III)
 FOR WHICH RECEIPTS ATTRIBUTABLE TO TICKET SALES CONSTITUTE  SEVENTY-FIVE
 PERCENT OR MORE OF GROSS RECEIPTS OF THE FACILITY.
   (4)  "QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION COMPA-
 NY" IS A CORPORATION, PARTNERSHIP, LIMITED PARTNERSHIP, OR OTHER  ENTITY
 OR  INDIVIDUAL WHICH OR WHO (I) IS PRINCIPALLY ENGAGED IN THE PRODUCTION
 OF A QUALIFIED MUSICAL OR THEATRICAL PRODUCTION THAT IS TO BE  PERFORMED
 IN  A QUALIFIED NEW YORK CITY PRODUCTION FACILITY, AND (II) HAS EXPENDED
 AT LEAST ONE MILLION DOLLARS IN QUALIFIED PRODUCTION EXPENDITURES ON THE
 QUALIFIED MUSICAL AND THEATRICAL PRODUCTION AT THE TIME OF ITS  APPLICA-
 TION  TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR A TAX CREDIT CERTIF-
 ICATE AUTHORIZED UNDER THIS SECTION.
   (5) (I) "THE CREDIT PERIOD OF A QUALIFIED NEW YORK  CITY  MUSICAL  AND
 THEATRICAL  PRODUCTION COMPANY" IS THE PERIOD STARTING ON THE PRODUCTION
 START DATE AND ENDING ON THE EARLIER OF DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-ONE  OR  THE  DATE  THE  QUALIFIED  MUSICAL  AND  THEATRICAL
 PRODUCTION CLOSES.
   (II)  "THE  PRODUCTION START DATE" IS THE DATE THAT IS SIX WEEKS PRIOR
 TO THE  FIRST  PERFORMANCE  OF  THE  QUALIFIED  MUSICAL  AND  THEATRICAL
 PRODUCTION.
   (C)  THE  CREDIT SHALL BE ALLOWED FOR THE TAXABLE YEAR BEGINNING ON OR
 AFTER JANUARY FIRST, TWO THOUSAND TWENTY-ONE BUT BEFORE  JANUARY  FIRST,
 TWO THOUSAND TWENTY-TWO.

 S. 2508--A                         138                        A. 3008--A
 
   (D)  CROSS-REFERENCES.  FOR  APPLICATION OF THE CREDIT PROVIDED FOR IN
 THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
   (1) ARTICLE 9-A: SECTION 210-B: SUBDIVISION 57;
   (2) ARTICLE 22: SECTION 606: SUBSECTION (MMM).
   (E)  NOTWITHSTANDING  ANY PROVISION OF THIS CHAPTER, (I) EMPLOYEES AND
 OFFICERS OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT  AND  THE  DEPARTMENT
 SHALL  BE  ALLOWED  AND  ARE  DIRECTED TO SHARE AND EXCHANGE INFORMATION
 REGARDING THE CREDITS APPLIED FOR, ALLOWED, OR CLAIMED PURSUANT TO  THIS
 SECTION  AND  TAXPAYERS WHO ARE APPLYING FOR CREDITS OR WHO ARE CLAIMING
 CREDITS, INCLUDING INFORMATION CONTAINED IN OR DERIVED FROM CREDIT CLAIM
 FORMS SUBMITTED TO THE DEPARTMENT  AND  APPLICATIONS  FOR  CERTIFICATION
 SUBMITTED  TO  THE  DEPARTMENT  OF  ECONOMIC  DEVELOPMENT,  AND (II) THE
 COMMISSIONER AND THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOP-
 MENT MAY RELEASE THE NAMES AND ADDRESSES OF ANY QUALIFIED NEW YORK  CITY
 MUSICAL  AND THEATRICAL PRODUCTION COMPANY ENTITLED TO CLAIM THIS CREDIT
 AND THE AMOUNT OF THE CREDIT EARNED BY SUCH COMPANY.
   (F) MAXIMUM AMOUNT OF CREDITS. (1) THE AGGREGATE AMOUNT OF TAX CREDITS
 ALLOWED UNDER THIS  SECTION,  SUBDIVISION  FIFTY-SEVEN  OF  SECTION  TWO
 HUNDRED  TEN-B  AND  SUBSECTION (MMM) OF SECTION SIX HUNDRED SIX OF THIS
 CHAPTER SHALL BE TWENTY-FIVE MILLION DOLLARS.  SUCH AGGREGATE AMOUNT  OF
 CREDITS  SHALL  BE  ALLOCATED  BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT
 AMONG TAXPAYERS IN ORDER OF PRIORITY BASED UPON THE DATE  OF  FILING  AN
 APPLICATION  FOR  ALLOCATION OF THE NEW YORK CITY MUSICAL AND THEATRICAL
 PRODUCTION TAX CREDIT WITH SUCH DEPARTMENT.
   (2) THE COMMISSIONER OF ECONOMIC DEVELOPMENT,  AFTER  CONSULTING  WITH
 THE  COMMISSIONER,  SHALL PROMULGATE REGULATIONS TO ESTABLISH PROCEDURES
 FOR THE ALLOCATION OF TAX CREDITS AS  REQUIRED  BY  THIS  SECTION.  SUCH
 RULES  AND  REGULATIONS SHALL INCLUDE PROVISIONS DESCRIBING THE APPLICA-
 TION PROCESS, THE DUE DATES FOR SUCH APPLICATIONS,  THE  STANDARDS  THAT
 WILL  BE  USED TO EVALUATE THE APPLICATIONS, THE DOCUMENTATION THAT WILL
 BE PROVIDED BY APPLICANTS TO SUBSTANTIATE TO THE DEPARTMENT  THE  AMOUNT
 OF  QUALIFIED PRODUCTION EXPENDITURES OF SUCH APPLICANTS, AND SUCH OTHER
 PROVISIONS AS DEEMED  NECESSARY  AND  APPROPRIATE.  NOTWITHSTANDING  ANY
 OTHER  PROVISIONS  TO THE CONTRARY IN THE STATE ADMINISTRATIVE PROCEDURE
 ACT, SUCH RULES AND REGULATIONS MAY BE ADOPTED ON AN EMERGENCY BASIS.
   (G) ANY QUALIFIED NEW YORK  CITY  MUSICAL  AND  THEATRICAL  PRODUCTION
 COMPANY  THAT  PERFORMS IN A QUALIFIED NEW YORK CITY PRODUCTION FACILITY
 AND APPLIES TO RECEIVE A CREDIT UNDER THIS SECTION SHALL BE REQUIRED TO:
 (1) PARTICIPATE IN A NEW YORK STATE  DIVERSITY  AND  ARTS  JOB  TRAINING
 PROGRAM; (2) CREATE AND IMPLEMENT A PLAN TO ENSURE THAT THEIR PRODUCTION
 IS  AVAILABLE  AND ACCESSIBLE FOR LOW-OR NO-COST TO LOW INCOME NEW YORK-
 ERS; AND (3) CONTRIBUTE TO THE NEW  YORK  STATE  COUNCIL  ON  THE  ARTS,
 CULTURAL PROGRAM FUND AN AMOUNT UP TO FIFTY PERCENT OF THE TOTAL CREDITS
 RECEIVED  IF  SUCH  PRODUCTION COMPANY EARNS REVENUE PROSPECTIVELY AFTER
 RECEIPT OF THE CREDIT THAT IS AT LEAST EQUAL TO TWO HUNDRED  PERCENT  OF
 ITS  PRODUCTION COSTS, WITH SUCH AMOUNT PAYABLE FROM TWENTY-FIVE PERCENT
 OF NET OPERATING PROFITS, SUCH AMOUNTS PAYABLE ON A  MONTHLY  BASIS,  UP
 UNTIL  SUCH  FIFTY  PERCENT  OF  THE TOTAL CREDIT AMOUNT IS REACHED. ANY
 FUNDS DEPOSITED PURSUANT TO THIS SUBDIVISION SHALL BE USED FOR ARTS  AND
 CULTURAL  EDUCATIONAL  AND  WORKFORCE DEVELOPMENT PROGRAMS IN-SCHOOL AND
 COMMUNITY-BASED ORGANIZATIONS.
   § 2. Section 210-B of the tax law is amended by adding a new  subdivi-
 sion 57 to read as follows:
   57.  NEW  YORK  CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT. (A)
 ALLOWANCE OF CREDIT. A  TAXPAYER  SHALL  BE  ALLOWED  A  CREDIT,  TO  BE

 S. 2508--A                         139                        A. 3008--A
 
 COMPUTED  AS  PROVIDED IN SECTION TWENTY-FOUR-C OF THIS CHAPTER, AGAINST
 THE TAXES IMPOSED BY THIS ARTICLE.
   (B)  APPLICATION  OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
 FOR THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO  LESS
 THAN  THE  AMOUNT  PRESCRIBED  IN  PARAGRAPH  (D)  OF SUBDIVISION ONE OF
 SECTION TWO HUNDRED TEN OF THIS ARTICLE.   HOWEVER,  IF  THE  AMOUNT  OF
 CREDIT  ALLOWED  UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR REDUCES THE
 TAX TO SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX  BASED  ON  THE
 FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN
 SUCH  TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CRED-
 ITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE  THOU-
 SAND  EIGHTY-SIX  OF  THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF
 SUBSECTION (C) OF SECTION ONE  THOUSAND  EIGHTY-EIGHT  OF  THIS  CHAPTER
 NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON.
   §  3. Section 606 of the tax law is amended by adding a new subsection
 (mmm) to read as follows:
   (MMM) NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT.  (1)
 ALLOWANCE  OF  CREDIT.  A  TAXPAYER  SHALL  BE  ALLOWED  A CREDIT, TO BE
 COMPUTED AS PROVIDED IN SECTION TWENTY-FOUR-C OF THIS  CHAPTER,  AGAINST
 THE TAX IMPOSED BY THIS ARTICLE.
   (2)  APPLICATION  OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER
 THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH
 YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT-
 ED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX  HUNDRED
 EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE
 PAID THEREON.
   §  4. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
 of the tax law is amended by adding a new clause  (xlviii)  to  read  as
 follows:
 (XLVIII) NEW YORK CITY MUSICAL       AMOUNT OF CREDIT UNDER
 AND THEATRICAL PRODUCTION            SUBDIVISION FIFTY-SEVEN OF
 TAX CREDIT                           SECTION TWO HUNDRED TEN-B
   § 5. The state finance law is amended by adding a new section 99-ii to
 read as follows:
   §  99-II.  NEW YORK STATE ARTS AND CULTURAL PROGRAMS FUND. 1. THERE IS
 HEREBY ESTABLISHED IN THE JOINT CUSTODY OF  THE  STATE  COMPTROLLER  AND
 COMMISSIONER  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
 "NEW YORK STATE ARTS AND CULTURAL PROGRAM FUND".
   2. SUCH FUND SHALL CONSIST OF ALL  REVENUES  RECEIVED  BY  THE  STATE,
 PURSUANT  TO  THE PROVISIONS OF SECTION TWENTY-FOUR-C OF THE TAX LAW AND
 ALL OTHER MONEYS APPROPRIATED THERETO FROM  ANY  OTHER  FUND  OR  SOURCE
 PURSUANT  TO  LAW.  NOTHING  CONTAINED IN THIS SECTION SHALL PREVENT THE
 STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES  OF  THE
 FUND  AS  DEFINED  IN  THIS  SECTION  AND  DEPOSITING THEM INTO THE FUND
 ACCORDING TO LAW.
   3. ON OR BEFORE THE FIRST DAY OF FEBRUARY  TWO  THOUSAND  TWENTY-FOUR,
 THE  COMMISSIONER  OF  EDUCATION  SHALL  PROVIDE A WRITTEN REPORT TO THE
 TEMPORARY PRESIDENT OF THE SENATE, THE  SPEAKER  OF  THE  ASSEMBLY,  THE
 CHAIR  OF  THE  SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS
 AND MEANS COMMITTEE, THE CHAIR OF THE SENATE COMMITTEE  ON  HEALTH,  THE
 CHAIR  OF  THE  ASSEMBLY HEALTH COMMITTEE, THE STATE COMPTROLLER AND THE
 PUBLIC. SUCH REPORT SHALL INCLUDE  HOW  THE  MONIES  OF  THE  FUND  WERE
 UTILIZED DURING THE PRECEDING CALENDAR YEAR, AND SHALL INCLUDE:
   (A)  THE AMOUNT OF MONEY DISPERSED FROM THE FUND AND THE AWARD PROCESS
 USED FOR SUCH DISBURSEMENTS;
   (B) RECIPIENTS OF AWARDS FROM THE FUND;

 S. 2508--A                         140                        A. 3008--A
 
   (C) THE AMOUNT AWARDED TO EACH;
   (D) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
   (E) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
 MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
 ING  FISCAL  YEARS,  ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL
 YEAR.
   4. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
 OF EDUCATION.
   5. THE MONEYS IN SUCH FUND  SHALL  BE  EXPENDED  FOR  THE  PURPOSE  OF
 SUPPLEMENTING  ART  AND  CULTURAL  PROGRAMS FOR SECONDARY AND ELEMENTARY
 CHILDREN, INCLUDING PROGRAMS THAT INCREASE ACCESS TO  ART  AND  CULTURAL
 PROGRAMS AND EVENTS FOR CHILDREN IN UNDERSERVED COMMUNITIES.
   § 6. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of Subparts A through C of this act shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART UU
 
   Section 1. Chapter 124 of the laws of 1952 relating to the charter  of
 the college retirement equities fund, is REPEALED.
   §  2.  Definitions. For purposes of this act the following terms shall
 have the following meanings:
   (a) "CREF" shall mean the College  Retirement  Equities  Fund,  formed
 pursuant  to chapter 124 of the laws of 1952 as a companion organization
 to TIAA (as defined in this act) for the issuance  of  variable  annuity
 contracts;
   (b) "CREF Board of Overseers" shall mean the individuals designated as
 overseers  of CREF, pursuant to chapter 124 of the laws of 1952, who are
 the sole members of CREF;
   (c) "Plan of Combination" shall mean the agreement and plan of  combi-
 nation  of  TIAA  and  CREF  adopted and approved in accordance with the
 provisions of this act;
   (d) "Superintendent" shall mean the superintendent  of  the  New  York
 State department of financial services;
   (e)  "TIAA"  shall mean the Teachers Insurance and Annuity Association
 of America, an insurance company formed pursuant  to  the  laws  of  New
 York;
   (f) "TIAA Board of Overseers" shall mean the corporation formed pursu-
 ant  to  chapter 880 of the laws of 1937, which is the sole owner of the
 issued and outstanding stock of TIAA; and
   (g) "TIAA Separate Account" shall mean the separate  account  of  TIAA
 created pursuant to the Plan of Combination.
   § 3. (a) Subject to the provisions of this act and the terms set forth
 in  the  Plan of Combination, CREF is hereby authorized and empowered to
 combine with TIAA, with TIAA continuing in existence  as  the  surviving

 S. 2508--A                         141                        A. 3008--A
 
 entity  following  such combination and with CREF ceasing to be a corpo-
 rate entity. TIAA shall continue  to  be  an  insurance  company  formed
 pursuant  to  the  laws  of  the  State of New York.   The TIAA Separate
 Account  shall be subject to the insurance law, and neither TIAA nor the
 TIAA Separate Account shall be subject to the not-for-profit corporation
 law. The TIAA board of overseers shall remain subject  to  the  not-for-
 profit corporation law.
   (b)  Such  combination  shall be deemed a merger under the laws of the
 State of New York, and shall be approved by not less than two-thirds  of
 the  individual  overseers  of  the  CREF Board of Overseers as the sole
 members of CREF, and not less than two-thirds of the individual  members
 of  the  TIAA Board of Overseers as the sole shareholder of TIAA. There-
 after, the Plan of Combination shall be submitted to the  superintendent
 for approval. Following the receipt of all necessary corporate and regu-
 latory approvals, including authorization by the TIAA and CREF Boards of
 Overseers  and TIAA and CREF boards of trustees, a certified copy of the
 Plan of Combination with the approval  of  the  superintendent  endorsed
 thereon  shall  be  filed in the office of the clerk of New York County,
 and upon such filing the combination shall become effective.
   § 4. (a) At the effective time of and pursuant to the Plan of Combina-
 tion, all assets and liabilities of CREF including causes of action  and
 defenses  thereto, shall vest by operation of law in TIAA, and all vari-
 able annuity contracts and certificates issued by CREF and in  force  at
 the effective time of the combination, shall be and become TIAA variable
 annuity  contracts  and  certificates  as  of  the effective time of the
 combination; provided, however, that at the effective time of the combi-
 nation (i) without further act or deed, the assets  and  liabilities  of
 CREF  relating to the outstanding variable annuity contracts and certif-
 icates of CREF shall immediately be assets and liabilities of and  allo-
 cated  to the TIAA Separate Account without such assets becoming general
 account assets of TIAA; and (ii) each investment account of  CREF  imme-
 diately  prior  to  the combination shall comprise an investment sub-ac-
 count of the TIAA Separate Account, with the assets and  liabilities  of
 each  such  investment  account vesting immediately and directly in that
 investment sub-account.
   (b) At the effective time, TIAA shall assume the  obligations  of  the
 CREF  contracts  and certificates, and all holders of CREF contracts and
 certificates shall be notified of the combination.
   (c) At all times the assets of the TIAA Separate Account, and of  each
 investment  sub-account,  shall  be  segregated  from  the assets of the
 general account of TIAA and any other TIAA separate account and  invest-
 ment  sub-account.    That  portion  of  the assets of the TIAA Separate
 Account, and of each investment sub-account, not exceeding the  reserves
 and other contract liabilities with respect to the TIAA Separate Account
 and  each  investment  sub-account, shall not be chargeable with liabil-
 ities arising out of any other business of TIAA. The income,  gains  and
 losses, whether or not realized, from assets allocated to the TIAA Sepa-
 rate  Account,  and each investment sub-account, shall be credited to or
 charged against the TIAA Separate Account and  each  investment  sub-ac-
 count without regard to other income, gains or losses of TIAA.
   §  5.  This act shall take effect immediately; provided, however, that
 section one of this act shall take effect at the effective time  of  the
 combination,  and provided further, that the superintendent shall notify
 the legislative bill drafting commission upon  the  occurrence  of  such
 effective time in order that the commission may maintain an accurate and
 timely  database  of  the  official text of the laws of the State of New

 S. 2508--A                         142                        A. 3008--A

 York in furtherance of effectuating the provisions of section 44 of  the
 legislative law and section 70-b of the public officers law.
 
                                  PART VV
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York state canal system revitalization act".
   § 2. Legislative findings and statement of purposes. 1.  The  legisla-
 ture hereby finds, determines and declares:
   (a) that the New York state canal system, which once served as a vital
 thoroughfare  for  freight  and  other  commerce,  supports virtually no
 commercial shipping activity today;
   (b) that  much  of  the  canal  system's  century-old  infrastructure,
 designed  to  accommodate  the  passage  of large commercial vessels, is
 antiquated and deteriorating;
   (c) that despite the absence of commercial shipping traffic in  almost
 all  portions  of  the canal system, the state and its instrumentalities
 continue to expend substantial sums  of  money  to  maintain  the  canal
 system  and  its  aged  water  control  infrastructure  for the system's
 original purpose;
   (d) that flooding and ice jams within and around portions of the canal
 system have caused substantial damage  to  nearby  communities  and  the
 canal system itself, and without appropriate intervention, such flooding
 and  ice  jams,  exacerbated  by the effects of climate change and other
 phenomena, will continue to pose a threat to property and people;
   (e) that the canal system's water  control  infrastructure  was  never
 intended to address such threats from flooding and ice jams;
   (f) that aquatic invasive species have over time penetrated New York's
 waterways  and  pose a serious and growing threat to recreational users,
 fisheries, property owners, water supplies and waterbody ecosystems;
   (g) that the absence of a natural aquifer and  conditions  related  to
 climate change have contributed to increasingly frequent droughts in the
 western  part  of the state, impacting a vital part of the state's agri-
 culture industry, inhibiting its competitive position and  limiting  the
 type and amount of crops that can be reliably produced;
   (h)  that  while  the  canal  system  has in recent years emerged as a
 resource for recreation and tourism, the state  has  not  exploited  the
 full  potential  of  the canal system, its infrastructure and its unique
 historic, cultural and water resources for the benefit of the people  of
 the state;
   (i)  that  a  public  purpose would be served and the interests of the
 people of the state would be promoted by  reimagining  and  revitalizing
 the  New York state canal system, including the Erie canal, as a twenty-
 first century waterway whose resources can be deployed to address  crit-
 ical issues of public importance, including without limitation, mitigat-
 ing  the  occurrence  of  flooding,  ice  jams  and  drought  and  their
 destructive impacts;  protecting,  restoring,  creating  and  sustaining
 aquatic  habitat  in  the  state;  leveraging  the canal system's unique
 history, culture and natural resources to activate  local  and  regional
 economies  and  industries; expanding economic development opportunities
 and stimulating job growth; and improving the quality  of  life  of  the
 people  of  New York by, among other things, celebrating, connecting and
 expanding canal-related destination points, such as  parks,  trails  and
 recreational  activities  as  well as canal-side community amenities and
 other attractions.

 S. 2508--A                         143                        A. 3008--A
 
   2. The legislature further  finds,  determines  and  declares  that  a
 public  purpose  would  be served and the interests of the people of the
 state would be served by creating pursuant to this act a public  benefit
 corporation,  known  as  the  New York state canal system revitalization
 trust,  to  serve as a focal point for the receipt and administration of
 gifts, donations and grants of money, real  and  personal  property  and
 other things of value made for the purpose of supporting the revitaliza-
 tion  of the New York state canal system, using the powers and authority
 delegated to it by this act, lessening the  burdens  of  government  and
 acting in the public interest.
   3.  The  legislature  further  finds, determines and declares that the
 creation of the New York state canal system  revitalization  trust,  and
 the  exercise  of  its  powers and authority and the carrying out of its
 corporate purposes is in all respects for the benefit of the  people  of
 the  state of New York, and in furtherance of their welfare and prosper-
 ity.
   § 3. The section heading and  paragraph  (a)  of  subdivision  one  of
 section  1005-c of the public authorities law, as added by section 23 of
 part TT of chapter 54 of the laws  of  2016,  are  amended  to  read  as
 follows:
   Additional  powers  of  the authority [to finance certain projects] in
 connection with the New York state canal system.
   (a) The authority is hereby authorized,  as  an  additional  corporate
 purpose  thereof,  to  issue  its  bonds,  notes  and other evidences of
 indebtedness in conformity with applicable  provisions  of  the  uniform
 commercial  code  for  purposes  of  financing  the construction, recon-
 struction, development and improvement  of  the  New  York  state  canal
 system,  AND  THE  REVITALIZATION OF THE CANAL SYSTEM AND ITS USE BY THE
 PUBLIC.
   § 4. Section 1005-c of the public authorities law is amended by adding
 a new subdivision 4 to read as follows:
   4. THE AUTHORITY IS AUTHORIZED TO:
   (A) SUBJECT TO AGREEMENTS WITH  NOTEHOLDERS  OR  BONDHOLDERS,  PROVIDE
 GRANTS  AND  OTHER  FORMS  OF  FINANCIAL SUPPORT, AS DEEMED FEASIBLE AND
 ADVISABLE BY THE TRUSTEES, FOR PROJECTS, PROGRAMS AND PURPOSES  THAT  IN
 THE  TRUSTEES'  JUDGMENT WILL PROMOTE THE PURPOSES OF THE NEW YORK STATE
 CANAL SYSTEM REVITALIZATION ACT.
   (B) ESTABLISH ADVISORY COMMITTEES AND APPOINT MEMBERS THERETO FOR  THE
 PURPOSE OF PROVIDING THE AUTHORITY, CANAL CORPORATION AND NEW YORK STATE
 CANAL SYSTEM REVITALIZATION TRUST WITH ADVICE AND RECOMMENDATIONS ON ALL
 MATTERS  SUBMITTED TO SUCH COMMITTEES, SOLICITING INPUT FROM STAKEHOLDER
 COMMUNITIES AND OTHER INTERESTED PARTIES ON  CANAL  SYSTEM  INITIATIVES,
 AND  COORDINATING THE ACTIVITIES OF THE AUTHORITY, CANAL CORPORATION AND
 NEW YORK STATE CANAL SYSTEM REVITALIZATION TRUST WITH STAKEHOLDER COMMU-
 NITIES AND OTHER  INTERESTED  PARTIES.  MEMBERS  OF  ANY  SUCH  ADVISORY
 COMMITTEE SHALL SERVE WITHOUT SALARY BUT SHALL BE ENTITLED TO REIMBURSE-
 MENT  FOR  THEIR  ACTUAL  AND  NECESSARY TRAVEL EXPENSES INCURRED IN THE
 PERFORMANCE OF THEIR OFFICIAL DUTIES.
   (C) PROVIDE ADVICE TO LOCAL GOVERNMENTS AND OFFICIALS, INCLUDING STRA-
 TEGIES TO LEVERAGE THE VALUE OF CANAL SYSTEM RESOURCES IN LOCAL LAND USE
 AND PLANNING AND OPPORTUNITIES TO PARTNER WITH PUBLIC AND PRIVATE STAKE-
 HOLDERS TO ACHIEVE THE OBJECTIVES OF LOCAL LAND-USE GOALS  AND  THE  NEW
 YORK STATE CANAL SYSTEM REVITALIZATION ACT.
   (D)  REVIEW  AND  COMMENT  ON  THE  PLANS OF FEDERAL, STATE, LOCAL AND
 PRIVATE ENTITIES AND PERSONS AS THEY MAY RELATE TO THE CANAL SYSTEM  AND
 THE OBJECTIVES OF THE NEW YORK STATE CANAL SYSTEM REVITALIZATION ACT.

 S. 2508--A                         144                        A. 3008--A

   (E)  PLAN,  ESTABLISH  AND/OR SUPPORT THE DEVELOPMENT AND OPERATION OF
 FACILITIES WITHIN OR OUTSIDE THE CANAL SYSTEM THAT WOULD IN THE AUTHORI-
 TY'S JUDGMENT PROMOTE USE OF THE CANAL SYSTEM BY THE  PUBLIC,  INCLUDING
 WITHOUT  LIMITATION  TOURISM,  EDUCATIONAL, HOSPITALITY AND RECREATIONAL
 FACILITIES,  AND  TO FIX AND COLLECT FEES, RENTS AND CHARGES FOR THE USE
 OF SUCH FACILITIES.
   (F)  DESIGN  AND  IMPLEMENT  VOLUNTEERISM,  FUNDRAISING,  EDUCATIONAL,
 OUTREACH  AND  BRANDING  PROGRAMS  RELATING TO THE CANAL SYSTEM, RELATED
 FACILITIES AND THEIR POTENTIAL USES.
   § 5. Article 13-A of the canal law is REPEALED and a new article  13-A
 is added to read as follows:
                              ARTICLE XIII-A
             NEW YORK STATE CANAL SYSTEM REVITALIZATION TRUST
 
 SECTION 138-A. DEFINITIONS.
         138-B. NEW YORK STATE CANAL SYSTEM REVITALIZATION TRUST.
         138-C. PURPOSES AND POWERS OF THE TRUST CORPORATION.
         138-D. TEMPORARY  ASSIGNMENT AND TRANSFER OF EMPLOYEES AND OTHER
                  ASSISTANCE.
         138-E. MONIES OF THE TRUST CORPORATION.
         138-F. CREATION OF TRUST A PUBLIC PURPOSE.
         138-G. PAYMENTS IN LIEU OF TAXES.
         138-H. MEMBERS AND EMPLOYEES NOT TO PROFIT.
         138-I. ACTIONS AGAINST THE TRUST.
 
   § 138-A. DEFINITIONS. AS USED  OR  REFERRED  TO  IN  THIS  TITLE,  THE
 FOLLOWING  TERMS  SHALL  HAVE  THE FOLLOWING MEANINGS UNLESS THE CONTEXT
 CLEARLY REQUIRES OTHERWISE:
   1. THE TERM "ACT" SHALL MEAN THE NEW YORK STATE CANAL SYSTEM REVITALI-
 ZATION ACT WHICH ADDED THIS ARTICLE.
   2. THE TERM "BOARD" SHALL MEAN THE MEMBERS OF THE TRUST CORPORATION.
   3. THE TERM "TRUST" OR "TRUST CORPORATION" SHALL MEAN THE PUBLIC BENE-
 FIT CORPORATION CREATED BY THIS ARTICLE.
   § 138-B. NEW YORK STATE CANAL SYSTEM REVITALIZATION TRUST. 1. THE  NEW
 YORK  STATE  CANAL  SYSTEM  REVITALIZATION  TRUST IS HEREBY CREATED. THE
 TRUST SHALL BE A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC  BENE-
 FIT CORPORATION AND ITS EXISTENCE SHALL COMMENCE UPON THE APPOINTMENT OF
 THE  MEMBERS  AS HEREIN PROVIDED. THE TRUST CORPORATION SHALL CONSIST OF
 THE FOLLOWING MEMBERS:
   (A) THE CHIEF EXECUTIVE OFFICER OF THE AUTHORITY OR HIS OR HER  DESIG-
 NEE,  THE  COMMISSIONER  OF ECONOMIC DEVELOPMENT OR HIS OR HER DESIGNEE,
 AND THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION OR HIS OR HER  DESIG-
 NEE; AND
   (B)  NINE INDIVIDUAL MEMBERS WITH KNOWLEDGE OF SUBJECT MATTER RELEVANT
 TO CANAL SYSTEM REVITALIZATION PURPOSES, INCLUDING, WITHOUT  LIMITATION,
 ECONOMIC  DEVELOPMENT AND PLANNING, TOURISM, ENGINEERING, OUTDOOR RECRE-
 ATION, HISTORIC PRESERVATION, COMMERCIAL FARMING AND/OR AQUATIC  ECOSYS-
 TEMS. THE NINE INDIVIDUAL MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, OF
 WHOM  THREE  SHALL  BE  APPOINTED ON THE RECOMMENDATION OF THE TEMPORARY
 PRESIDENT OF THE SENATE AND THREE SHALL BE APPOINTED ON THE  RECOMMENDA-
 TION  OF THE SPEAKER OF THE ASSEMBLY, AND SHALL SERVE AT THE PLEASURE OF
 THE GOVERNOR; PROVIDED,  HOWEVER,  THAT  UP  TO  THREE  OF  THE  INITIAL
 APPOINTMENTS  TO  THE  TRUST  MAY  BE RESERVED FOR PERSONS WHO SERVED AS
 MEMBERS OF THE CANAL RECREATIONWAY COMMISSION DURING THE YEAR  PRECEDING
 THE  EFFECTIVE DATE OF THIS ARTICLE. IN APPOINTING MEMBERS TO THE TRUST,

 S. 2508--A                         145                        A. 3008--A
 
 THE GOVERNOR SHALL ENSURE REASONABLE REPRESENTATION FROM  REGIONS  ADJA-
 CENT TO OR IN THE VICINITY OF THE CANAL SYSTEM.
   2. MEMBERS OF THE COMMISSION, EXCEPT COMMISSIONERS OR CHIEF EXECUTIVES
 OF  PUBLIC  AUTHORITIES, SHALL SERVE FOR A TERM OF FOUR YEARS AND MAY BE
 REAPPOINTED; PROVIDED, HOWEVER, OF THOSE  MEMBERS  APPOINTED  INITIALLY,
 THREE  SUCH MEMBERS, ONE APPOINTED BY THE GOVERNOR, ONE APPOINTED ON THE
 RECOMMENDATION OF  THE  TEMPORARY  PRESIDENT  OF  THE  SENATE,  AND  ONE
 APPOINTED  ON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY SHALL BE
 APPOINTED FOR TERMS OF TWO YEARS, AND THREE SUCH MEMBERS, ONE  APPOINTED
 BY  THE  GOVERNOR,  ONE APPOINTED ON THE RECOMMENDATION OF THE TEMPORARY
 PRESIDENT OF THE SENATE, AND ONE APPOINTED ON THE RECOMMENDATION OF  THE
 SPEAKER OF THE ASSEMBLY SHALL BE APPOINTED FOR TERMS OF THREE YEARS. ANY
 VACANCY  IN THE TRUST SHALL BE FILLED FOR THE UNEXPIRED TERM IN THE SAME
 MANNER AS THE ORIGINAL APPOINTMENT. THE GOVERNOR SHALL DESIGNATE MEMBERS
 OF THE TRUST TO SERVE AS CHAIR AND VICE-CHAIR OF THE TRUST.
   3. THE POWERS OF THE TRUST SHALL BE  VESTED  IN  AND  EXERCISED  BY  A
 MAJORITY  OF  THE  MEMBERS THEREOF AND EACH MEMBER OF THE TRUST SHALL BE
 ENTITLED TO ONE VOTE ON ALL MATTERS VOTED ON BY THE TRUST.
   4. MEMBERS OF THE TRUST SHALL SERVE WITHOUT COMPENSATION BUT SHALL  BE
 ENTITLED  TO  REIMBURSEMENT  OF  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES. NO MEMBER  OF  THE
 TRUST  SHALL  BE  DISQUALIFIED  FROM  HOLDING ANY OTHER PUBLIC OFFICE OR
 EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE  OR  EMPLOYMENT,
 BY  REASON  OF  HIS  OR HER MEMBERSHIP ON THE TRUST, NOTWITHSTANDING THE
 PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW OR  LOCAL  ORDINANCE  OR
 CHARTER.
   5.  THE  TRUST AND ITS CORPORATE EXISTENCE SHALL CONTINUE UNTIL TERMI-
 NATED BY LAW, PROVIDED, HOWEVER, THAT NO SUCH LAW SHALL TAKE  EFFECT  SO
 LONG  AS  THE  TRUST SHALL HAVE OBLIGATIONS OUTSTANDING, UNLESS ADEQUATE
 PROVISION HAS BEEN MADE FOR THE PAYMENT THEREOF.   UPON  TERMINATION  OF
 THE  EXISTENCE OF THE TRUST, ALL ITS RIGHTS AND PROPERTIES SHALL VEST IN
 THE STATE.
   § 138-C. PURPOSES AND POWERS OF THE TRUST CORPORATION. THE PURPOSE  OF
 THE TRUST CORPORATION SHALL BE TO SERVE AS A FOCAL POINT FOR THE RECEIPT
 AND  ADMINISTRATION OF PUBLIC AND PRIVATE GIFTS, DEVISES AND BEQUESTS OF
 MONEY, RIGHTS AND INTERESTS IN REAL AND  PERSONAL  PROPERTY,  AND  OTHER
 THINGS OF VALUE DONATED TO FURTHER THE PURPOSES OF THE ACT, SPECIFICALLY
 THE  REVITALIZATION  OF THE NEW YORK STATE CANAL SYSTEM FOR THE PURPOSES
 OF ADDRESSING CURRENT ISSUES OF  PUBLIC  IMPORTANCE,  INCLUDING  WITHOUT
 LIMITATION, MITIGATING THE OCCURRENCE OF FLOODING AND ICE JAMS AND THEIR
 DESTRUCTIVE  IMPACTS;  PROTECTING,  RESTORING,  CREATING  AND SUSTAINING
 AQUATIC HABITAT IN THE  STATE;  LEVERAGING  THE  CANAL  SYSTEM'S  UNIQUE
 HISTORY,  CULTURE  AND  NATURAL RESOURCES TO ACTIVATE LOCAL AND REGIONAL
 ECONOMIES AND INDUSTRIES; EXPANDING ECONOMIC  DEVELOPMENT  OPPORTUNITIES
 AND  STIMULATE  JOB  GROWTH;  AND  IMPROVING  THE QUALITY OF LIFE OF THE
 PEOPLE OF NEW YORK BY, AMONG OTHER THINGS, CELEBRATING,  CONNECTING  AND
 EXPANDING  CANAL-RELATED  DESTINATION  POINTS, SUCH AS PARKS, TRAILS AND
 RECREATIONAL ACTIVITIES AS WELL AS CANAL-SIDE  COMMUNITY  AMENITIES  AND
 OTHER ATTRACTIONS (COLLECTIVELY, "REVITALIZATION PURPOSES"). IN FURTHER-
 ANCE  OF  THE  REVITALIZATION PURPOSES, THE CORPORATION IS ENCOURAGED TO
 CONSIDER THE CONTENTS OF THE CANAL RECREATIONWAY PLAN EXISTING AS OF THE
 EFFECTIVE DATE OF THIS ARTICLE;  THE  ADAPTIVE  REUSE  OF  CANAL  SYSTEM
 INFRASTRUCTURE;  THE RECOVERY AND ADAPTIVE REUSE OF VACANT AND ABANDONED
 STRUCTURES AND OTHER PROPERTY WITHIN OR IN CLOSE PROXIMITY TO THE  CANAL
 SYSTEM;  STRATEGIES  THAT WILL SERVE TO LINK CANAL SYSTEM RESOURCES WITH
 NEARBY COMMUNITIES, INCLUDING WITHOUT  LIMITATION  UNDERSERVED  COMMUNI-

 S. 2508--A                         146                        A. 3008--A
 
 TIES,  EXISTING  PARKS, TRAILS AND OTHER PUBLIC AREAS FOR THE PURPOSE OF
 INCREASING ACCESS TO  AND  THE  ENJOYMENT  OF  CANAL-RELATED  RESOURCES,
 CREATING  MULTI-PURPOSE VENUES FOR RESIDENTS AND VISITORS, AND ENHANCING
 TOURISM;  AND  THE  USE  OF  PUBLIC-PRIVATE  PARTNERSHIPS  AS A MEANS TO
 ACHIEVE SAID REVITALIZATION PURPOSES. TO CARRY OUT  SAID  REVITALIZATION
 PURPOSES, THE CORPORATION SHALL HAVE POWER TO:
   1.  ACCEPT  GIFTS,  DEVISES  AND BEQUESTS, INCLUDING MONEY, RIGHTS AND
 INTERESTS IN REAL AND PERSONAL PROPERTY,  TANGIBLE  OR  INTANGIBLE,  AND
 OTHER THINGS OF VALUE FOR ANY OF ITS CORPORATE PURPOSES, AND TO ADMINIS-
 TER  AND  DISBURSE GIFTS, DEVISES AND BEQUESTS, MONEY, RIGHTS AND INTER-
 ESTS IN REAL AND PERSONAL PROPERTY AND OTHER THINGS  OF  VALUE  FOR  ANY
 PURPOSE THAT IS CONSISTENT WITH THE REVITALIZATION PURPOSES.
   2. ACQUIRE RIGHTS AND INTERESTS IN REAL PROPERTY BY PURCHASE, GIFT, OR
 BEQUEST,  OR  BY  EXCHANGE  OF  REAL PROPERTY PREVIOUSLY ACQUIRED BY THE
 TRUST AND UNDER ITS JURISDICTION, AND ENTER INTO  AGREEMENTS  AND  OTHER
 AUTHORIZATIONS,  INCLUDING  LEASES  AND  LICENSES,  FOR THE ACQUISITION,
 TRANSFER, SWAP, MANAGEMENT, OR USE OF REAL  PROPERTY,  FOR  ANY  PURPOSE
 THAT IS CONSISTENT WITH THE REVITALIZATION PURPOSES.
   3.  ACQUIRE  RIGHTS  AND  INTERESTS  IN PERSONAL PROPERTY, TANGIBLE OR
 INTANGIBLE, BY PURCHASE, GIFT, OR BEQUEST, OR BY  EXCHANGE  OF  PERSONAL
 PROPERTY  PREVIOUSLY  ACQUIRED  BY THE TRUST AND UNDER ITS JURISDICTION,
 AND ENTER INTO AGREEMENTS AND OTHER UNDERSTANDINGS FOR THE  ACQUISITION,
 TRANSFER,  SWAP, MANAGEMENT, OR USE OF PERSONAL PROPERTY FOR ANY PURPOSE
 THAT IS CONSISTENT WITH ITS CORPORATE PURPOSES.
   4. ACQUIRE, IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK, RIGHTS
 AND INTERESTS IN REAL PROPERTY, INCLUDING TITLE BY  PURCHASE,  GIFT,  OR
 BEQUEST,  OR  BY  EXCHANGE OF LANDS PREVIOUSLY ACQUIRED BY THE TRUST AND
 UNDER ITS JURISDICTION, OR BY EASEMENT FOR THE CONSERVATION,  MANAGEMENT
 AND  PRESERVATION  OF OPEN SPACE CHARACTERIZED BY NATURAL SCENIC BEAUTY,
 HERITAGE, NATURAL RESOURCE VALUES OR CONDITIONS ENHANCING REGIONAL QUAL-
 ITIES OF THE CANAL SYSTEM, FOR ANY PURPOSE THAT IS CONSISTENT  WITH  THE
 REVITALIZATION PURPOSES.
   5. TRANSFER JURISDICTION AND CONTROL OF RIGHTS OR INTERESTS IN REAL OR
 PERSONAL  PROPERTY  ACQUIRED  BY  THE TRUST TO THE CANAL CORPORATION FOR
 INCLUSION IN THE CANAL SYSTEM, OR TO THE OFFICE OF PARKS, RECREATION AND
 HISTORIC PRESERVATION, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE
 SECRETARY OF STATE, OR OTHER PUBLIC ENTITY  WITH  ITS  CONSENT  FOR  ANY
 PURPOSE  THAT  IS  CONSISTENT  WITH THE REVITALIZATION PURPOSES AND WITH
 PRIOR APPROVAL OF THE DIRECTOR OF THE BUDGET.
   6. ACCEPT THE TRANSFER OF FUNDS FROM, AND  TRANSFER  FUNDS  TO,  STATE
 AGENCIES AND STATE PUBLIC AUTHORITIES FOR REVITALIZATION PURPOSES.
   7.  TO  UNDERTAKE  ANY  WORK, INCLUDING THE FURNISHING OF SERVICES AND
 MATERIALS, REQUIRED TO MANAGE, PRESERVE, RESTORE,  MAINTAIN  OR  IMPROVE
 ANY  REAL  OR  PERSONAL  PROPERTY  UNDER  ITS  JURISDICTION  AND, IN ITS
 DISCRETION, AT THE REQUEST OF THE AUTHORITY, CANAL  CORPORATION,  OFFICE
 OF  PARKS,  RECREATION  AND  HISTORIC PRESERVATION, DEPARTMENT OF STATE,
 DEPARTMENT OF TRANSPORTATION, OR THE DEPARTMENT OF ENVIRONMENTAL CONSER-
 VATION, UPON REAL OR PERSONAL PROPERTY UNDER  THE  JURISDICTION  OF  THE
 REQUESTING  AGENCY,  AFTER PRIOR APPROVAL OF THE DIRECTOR OF THE BUDGET,
 FOR ANY PURPOSE THAT IS CONSISTENT WITH THE REVITALIZATION PURPOSES.
   8. TO UNDERTAKE RESEARCH,  STUDIES  AND  ANALYSES,  AND  MAKE  REPORTS
 RELATING TO ANY OF THE REVITALIZATION PURPOSES.
   9.  TO  SELL  AND  CONVEY  ANY  REAL OR PERSONAL PROPERTY OR RIGHTS OR
 INTERESTS THEREIN ACQUIRED BY AND UNDER THE JURISDICTION  OF  THE  TRUST
 AND  SURPLUS  TO  ITS  NEEDS, PROVIDED SUCH SALE AND CONVEYANCE DOES NOT

 S. 2508--A                         147                        A. 3008--A
 
 CONTRAVENE THE TERMS OR CONDITIONS OF ANY GIFT, DEVISE OR  BEQUEST,  AND
 TO RETAIN THE PROCEEDS DERIVED THEREFROM FOR ITS CORPORATE PURPOSES.
   10.  TO  MAKE  GRANTS  OF  MONEY, REAL AND PERSONAL PROPERTY AND OTHER
 THINGS OF VALUE TO CORPORATIONS, ASSOCIATIONS, NON-PROFIT ORGANIZATIONS,
 ACADEMIC  INSTITUTIONS,  LOCAL  GOVERNMENTS  AND  OTHER  PERSONS   UNDER
 PROGRAMS  CREATED BY TRUST FOR ANY PURPOSE THAT IS CONSISTENT WITH REVI-
 TALIZATION PURPOSES.
   11. SUBJECT TO AVAILABLE FUNDS, TO APPOINT AND EMPLOY  SUCH  OFFICERS,
 EMPLOYEES  AND  STAFF  AND  TO  RETAIN  SUCH  PROFESSIONAL AND TECHNICAL
 ASSISTANCE AND ADVICE AS IT DEEMS NECESSARY TO CARRY OUT  ITS  CORPORATE
 PURPOSES.
   12.  TO  PARTICIPATE  AND  COOPERATE  WITH  PUBLIC AND PRIVATE PARTIES
 HAVING MUTUAL INTERESTS IN PROJECTS AND  PROGRAMS  INTENDED  TO  ADVANCE
 REVITALIZATION PURPOSES.
   13.  TO MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY
 OR CONVENIENT FOR THE EXERCISE OF ITS POWERS AND FUNCTIONS.
   14. TO APPLY TO THE FEDERAL GOVERNMENT OR ANY AGENCY THEREOF  FOR  THE
 PURPOSE  OF OBTAINING SUCH STATUS UNDER THE INTERNAL REVENUE CODE AS THE
 CORPORATION DETERMINES  TO  BE  APPROPRIATE  TO  SUPPORT  ITS  CORPORATE
 PURPOSES AND THE PURPOSES OF THE ACT.
   15.  TO  ADMINISTER,  MANAGE,  OR  OPERATE  ANY PROPERTY THE RIGHTS OR
 INTERESTS OF WHICH HAVE BEEN ACQUIRED BY THE TRUST AND TO RETAIN FOR ITS
 CORPORATE PURPOSES ANY RECEIPTS, REVENUE  OR  INCOME  DERIVED  THEREFROM
 DURING THE PENDENCY OF SUCH TRANSFER.
   16. TO ESTABLISH A PUBLIC WEBSITE.
   17.  CREATE  AND  ADMINISTER  PROGRAMS  THAT  ARE DESIGNED TO INCREASE
 PUBLIC ACCESS TO THE CANAL SYSTEM, INCLUDING WITHOUT  LIMITATION  ACCESS
 FOR  DISABLED  PERSONS  AND  RESIDENTS OF UNDERSERVED COMMUNITIES IN THE
 STATE.
   18. TO SUE AND BE SUED.
   19. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE.
   20. TO DO ALL THINGS NECESSARY OR CONVENIENT TO CARRY OUT  ITS  CORPO-
 RATE PURPOSES.
   §  138-D.  TEMPORARY  ASSIGNMENT  AND  TRANSFER OF EMPLOYEES AND OTHER
 ASSISTANCE. 1.   WHENEVER IN THE OPINION OF  THE  TRUST  CORPORATION  IT
 WOULD  BE  IN THE PUBLIC INTEREST, THE TRUST CORPORATION MAY REQUEST THE
 CANAL CORPORATION, THE AUTHORITY,  OR  ANY  STATE  PUBLIC  AUTHORITY  OR
 PUBLIC  BENEFIT CORPORATION, AND AFTER PRIOR APPROVAL OF THE DIRECTOR OF
 THE BUDGET, ANY BOARD, COMMISSION, AGENCY OR DEPARTMENT OF THE STATE  OR
 ANY  OF  ITS  POLITICAL  SUBDIVISIONS,  FOR THE TEMPORARY ASSIGNMENT AND
 TRANSFER OF EMPLOYEES TO THE TRUST CORPORATION TO HELP THE TRUST  CORPO-
 RATION  CARRY  OUT ITS PUBLIC PURPOSES, AND SAID ENTITIES MAY, IF IN ITS
 OPINION SUCH TRANSFER WILL NOT INTERFERE WITH  THE  PERFORMANCE  OF  ITS
 DUTIES  AND FUNCTIONS, PROVIDE SUCH TEMPORARY ASSIGNMENT AND TRANSFER OF
 SAID EMPLOYEES TO THE TRUST FOR THE PURPOSES DESCRIBED. SUCH  ASSIGNMENT
 AND  TRANSFER OR EXTENSION SHALL NOT IN ANY WAY AFFECT THE CIVIL SERVICE
 STATUS, CONTINUITY OF SERVICE, RETIREMENT PLAN STATUS, RIGHT TO  COMPEN-
 SATION,  GRADE  OR  COMPENSATION  OR  OTHER  RIGHTS OR PRIVILEGES OF ANY
 EMPLOYEE SO TRANSFERRED.
   2. THE AUTHORITY, THE CANAL CORPORATION, AND ALL OTHER STATE OFFICERS,
 DEPARTMENTS, BOARDS, DIVISIONS, COMMISSIONS, PUBLIC AUTHORITIES,  PUBLIC
 BENEFIT CORPORATIONS AND POLITICAL SUBDIVISIONS ARE HEREBY AUTHORIZED TO
 PROVIDE  SUCH  ASSISTANCE  TO  THE  CORPORATION  WITHIN THEIR RESPECTIVE
 AUTHORITY AND FUNCTIONS AS THE CORPORATION MAY REQUEST IN ORDER TO CARRY
 OUT ITS PURPOSES AND DUTIES.

 S. 2508--A                         148                        A. 3008--A
 
   § 138-E. MONIES OF THE TRUST CORPORATION. 1. THE MONEYS OF  THE  TRUST
 SHALL  BE  RETAINED  BY  IT  AND DEPOSITED IN A GENERAL ACCOUNT AND SUCH
 OTHER ACCOUNTS AS THE TRUST MAY DEEM NECESSARY FOR  THE  TRANSACTION  OF
 ITS  BUSINESS,  AND  SHALL BE PAID OUT ON CHECKS OR OTHER AUTHORIZATIONS
 SIGNED  BY THE CHAIRPERSON OF THE TRUST CORPORATION AND/OR BY SUCH OTHER
 MEMBERS OR OFFICERS AS THE TRUST CORPORATION MAY AUTHORIZE.
   2. THE COMPTROLLER OF THE STATE AND  HIS  OR  HER  LEGALLY  AUTHORIZED
 REPRESENTATIVES ARE HEREBY AUTHORIZED AND EMPOWERED FROM TIME TO TIME TO
 EXAMINE  THE  ACCOUNTS  AND  BOOKS  OF THE TRUST INCLUDING ITS RECEIPTS,
 DISBURSEMENTS, CONTRACTS, INVESTMENTS AND ANY OTHER MATTERS RELATING  TO
 ITS FINANCIAL STANDING.
   3. THE TRUST CORPORATION SHALL SUBMIT TO THE GOVERNOR, THE CHAIRPERSON
 OF  THE  SENATE  FINANCE COMMITTEE, THE CHAIRPERSON OF THE ASSEMBLY WAYS
 AND MEANS COMMITTEE AND THE STATE COMPTROLLER, WITHIN NINETY DAYS  AFTER
 THE  END OF ITS FISCAL YEAR, A COMPLETE AND DETAILED REPORT OF ITS OPER-
 ATIONS AND ACCOMPLISHMENTS,  ITS  RECEIPTS  AND  DISBURSEMENTS  AND  ITS
 ASSETS  AND  LIABILITIES, AND SHALL PUBLISH A COPY OF SUCH REPORT ON ITS
 PUBLIC WEBSITE.
   § 138-F. CREATION OF TRUST A  PUBLIC  PURPOSE.  IT  IS  HEREBY  FOUND,
 DETERMINED  AND  DECLARED  THAT THE CREATION OF THE NEW YORK STATE CANAL
 SYSTEM REVITALIZATION TRUST  AND  THE  CARRYING  OUT  OF  ITS  CORPORATE
 PURPOSES  IS  IN ALL RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THE STATE
 OF NEW YORK, FOR THE REVITALIZATION OF THE NEW YORK STATE  CANAL  SYSTEM
 AND  IN  FURTHERANCE  OF  THEIR  WELFARE AND PROSPERITY, AND IS A PUBLIC
 PURPOSE, IN THAT THE TRUST WILL BE PERFORMING AN ESSENTIAL  GOVERNMENTAL
 FUNCTION  IN THE EXERCISE OF THE POWERS CONFERRED UPON IT BY THIS TITLE,
 AND IN FURTHERANCE OF SAME, THE INCOME, MONIES, OPERATIONS  AND  PROPER-
 TIES OF THE TRUST SHALL BE EXEMPT FROM TAXATION, INCLUDING WITHOUT LIMI-
 TATION  ANY AND ALL STATE AND LOCAL INCOME, FRANCHISE, TRANSFER, RECORD-
 ING, REAL PROPERTY AND SALES TAXATION AND ANY ASSESSMENTS OF PAYMENTS IN
 LIEU OF TAXES. IN ADDITION, ALL CONTRIBUTIONS OF MONEY, RIGHTS OR INTER-
 ESTS IN REAL AND PERSONAL PROPERTY AND OTHER THINGS OF VALUE MADE TO THE
 CORPORATION  WHETHER  BY  GIFT,  DEVISE  OR  BEQUEST  SHALL  QUALIFY  AS
 DEDUCTIONS  IN  COMPUTING  THE  NET  TAXABLE INCOME OF THE DONOR FOR THE
 PURPOSES OF ANY INCOME TAX IMPOSED BY THE STATE OR ANY POLITICAL  SUBDI-
 VISION THEREOF AND FOR FEDERAL INCOME TAX PURPOSES TO THE EXTENT PERMIT-
 TED UNDER FEDERAL LAW OR REGULATION.
   §  138-G.  PAYMENTS  IN  LIEU  OF TAXES. THE TRUST MAY, WHEN FUNDS ARE
 AVAILABLE AND THE CORPORATION'S BOARD FINDS IT FEASIBLE  AND  ADVISABLE,
 AND  WITH  THE  APPROVAL  OF  THE  DIRECTOR OF THE BUDGET, ENTER INTO AN
 AGREEMENT WITH A MUNICIPALITY OR DISTRICT WITHIN WHICH REAL PROPERTY HAS
 BEEN ACQUIRED BY THE TRUST, PROVIDING FOR THE PAYMENT OF MONEYS IN  LIEU
 OF  ANTICIPATED TAX REVENUES FOR A PERIOD NOT TO EXCEED FIVE YEARS WHEN-
 EVER THE TRUST SHALL  DETERMINE  THAT  UNDUE  HARDSHIP  JUSTIFYING  SUCH
 FINANCIAL RELIEF HAS BEEN CREATED BY SUCH ACQUISITION.
   §  138-H.  MEMBERS  AND EMPLOYEES NOT TO PROFIT. NO OFFICER, MEMBER OR
 EMPLOYEE OF THE TRUST SHALL RECEIVE  OR  MAY  BE  LAWFULLY  ENTITLED  TO
 RECEIVE  ANY  PECUNIARY  PROFIT  FROM  THE OPERATION THEREOF EXCEPT THAT
 EMPLOYEES OF THE CORPORATION, IF ANY, MAY RECEIVE COMPENSATION  FOR  THE
 PERFORMANCE OF THEIR DUTIES AS AN EMPLOYEE OF THE CORPORATION.
   §  138-I.  ACTIONS AGAINST THE TRUST. EXCEPT IN AN ACTION FOR WRONGFUL
 DEATH, AN ACTION  AGAINST  THE  TRUST  FOUNDED  ON  TORT  SHALL  NOT  BE
 COMMENCED  MORE  THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION
 THEREFOR SHALL HAVE ACCRUED, NOR UNLESS A NOTICE  OF  CLAIM  SHALL  HAVE
 BEEN  SERVED  ON THE TRUST WITHIN THE TIME LIMITED BY, AND IN COMPLIANCE
 WITH ALL THE REQUIREMENTS OF SECTION FIFTY-E OF  THE  GENERAL  MUNICIPAL

 S. 2508--A                         149                        A. 3008--A
 
 LAW.  AN  ACTION AGAINST THE TRUST FOR WRONGFUL DEATH SHALL BE COMMENCED
 IN ACCORDANCE WITH THE NOTICE OF CLAIM AND TIME LIMITATION PROVISIONS OF
 TITLE ELEVEN OF ARTICLE NINE OF THE PUBLIC AUTHORITIES LAW.
   § 6. Subdivision 20 of section 2 of the canal law, as added by chapter
 766  of the laws of 1992 and as renumbered by chapter 335 of the laws of
 2001, is amended to read as follows:
   20.  ["Commission"  shall  mean  the  canal  recreationway  commission
 created  pursuant to section one hundred thirty-eight-a of this chapter]
 "TRUST CORPORATION" SHALL MEAN THE NEW YORK STATE CANAL SYSTEM REVITALI-
 ZATION TRUST.
   § 7. Subdivision 2 of section 11 of the canal law, as added by chapter
 167 of the laws of 2002, is amended to read as follows:
   2. Notwithstanding any inconsistent provision of law, the corporation,
 authority, and [commission] TRUST CORPORATION,  including  any  members,
 officers  or employees thereof, shall not be liable for damages suffered
 by any persons and/or organizations resulting from any actions or activ-
 ities of such volunteers and/or volunteer organizations.
   § 8. Section 51 of the canal law, as amended by chapter 44 of the laws
 of 2009, is amended to read as follows:
   § 51. Method of abandonment. Prior to the exercising of such authority
 of abandonment, however, the corporation shall cause  a  notice  of  any
 proposed  abandonment  to  be  [transmitted to the commission and to be]
 published once each week for  three  successive  weeks  in  a  newspaper
 published in the county wherein such lands are located, except that such
 publication shall appear in a newspaper published in the municipality or
 locality  wherein  such  lands  are  located  when  there is a newspaper
 published in such municipality or locality. Such notice  shall  describe
 the lands proposed to be abandoned with sufficient certainty to identify
 them  and  invite  interested  parties to file written statements either
 supporting or opposing the proposed abandonment. Upon the expiration  of
 the  period  of  publishing  said  notice,  when it is the case that the
 assessment for such lands proposed for abandonment is equal to or great-
 er than fifty thousand dollars, the corporation shall hold a hearing  at
 which  evidence  or further information may be submitted. A record shall
 be made of all evidence submitted at such hearing. If no  hearing  shall
 appear to the corporation to be warranted or subsequent to such hearing,
 should  one  be held, the corporation may in its discretion declare such
 lands abandoned for the purposes of the canal  system.  The  corporation
 shall  thereupon  issue an official order abandoning the lands for canal
 purposes together with a map and description of the lands abandoned  and
 dispose  of  any portion of canal lands so abandoned. Any money realized
 from the sale of such land shall be deposited into the canal fund.
   § 9. Section 55 of the canal law, as amended by  chapter  335  of  the
 laws of 2001, is amended to read as follows:
   §  55.  Authority  to lease land. 1. The corporation is hereby author-
 ized[, after review and comment by the commission as to consistency with
 the canal recreationway plan approved pursuant to  section  one  hundred
 thirty-eight-c  of  this chapter and section three hundred eighty-two of
 the public authorities law,] to enter into leases of canal lands,  canal
 terminals, and canal terminal lands [which are consistent with the canal
 recreationway plan. Such review and comment shall be provided within the
 time  period  set  forth in the procedures of the commission established
 pursuant to section one hundred thirty-eight-b  of  this  chapter  which
 shall  be  no more than sixty days].  THE CORPORATION SHALL GIVE THE NEW
 YORK STATE CANAL SYSTEM REVITALIZATION TRUST NOTICE OF  ANY  SUCH  LEASE

 S. 2508--A                         150                        A. 3008--A
 
 WITHIN SIXTY DAYS OF THE DATE THE LEASE IS EXECUTED BY THE PARTIES THER-
 ETO FOR THE PURPOSE OF KEEPING SUCH TRUST INFORMED OF SUCH MATTERS.
   2.  Lands  to be leased shall be determined by the corporation to have
 no essential purpose for navigation.
   3. [Leases of canal lands, canal terminals and  canal  terminal  lands
 shall be for purposes which are consistent with the New York state canal
 recreationway  plan  approved  pursuant  to  section one hundred thirty-
 eight-c of this chapter and section  three  hundred  eighty-two  of  the
 public authorities law.]
   [4.]  The  corporation shall consider fully completed applications for
 leases of canal lands, canal terminals and canal terminal lands in  such
 form and manner as the corporation shall prescribe.
   [5.]  4.  Canal lands, canal terminals and canal terminal lands within
 the Adirondack park shall not be leased.
   [6.] 5. The corporation shall provide assistance, including reasonable
 access to lands, as may be necessary to assist potential  applicants  in
 preparing an application.
   [7.]  6.  The  corporation  may  require  an  applicant for a lease to
 provide necessary property  surveys,  environmental  studies,  maps  and
 photographs,  site  plans  and  such  other documents and studies as the
 corporation may determine to be necessary [to ascertain the compatibili-
 ty of proposed development with the New York state  canal  recreationway
 plan] and for the corporation to select a qualified lessee.
   [8.]  7. Revenues realized from the lease of canal lands, canal termi-
 nals and canal terminal lands shall be deposited into the canal fund.
   § 10. Subdivision 6 of section 56 of the  canal  law,  as  amended  by
 chapter 335 of the laws of 2001, is amended to read as follows:
   6.  provisions  providing a right of entry for [commission and] corpo-
 ration members and personnel and equipment for canal purposes; and
   § 11. Section 57 of the canal law is REPEALED.
   § 12. Subdivision 24 of section 10 of the canal  law,  as  amended  by
 chapter 335 of the laws of 2001, is amended to read as follows:
   24.  Prepare  on an annual basis a detailed five-year capital plan for
 the maintenance and improvement of canal infrastructure. Such plan shall
 set system-wide goals and objectives for capital spending and[, commenc-
 ing January first, nineteen hundred ninety-five]  AFTER  JANUARY  FIRST,
 TWO THOUSAND TWENTY-TWO, describe the compatibility of such plan [to the
 canal  recreationway plan approved pursuant to section one hundred thir-
 ty-eight-c of this chapter] WITH CANAL SYSTEM REVITALIZATION PURPOSES AS
 STATED IN SECTION ONE HUNDRED THIRTY-EIGHT-C OF THIS CHAPTER. Such  plan
 shall  include  but not be limited to such capital project categories as
 locks, canal bridges, channels, shorelines, dams, guard gates, and other
 structures necessary for safe and  successful  operation  of  the  canal
 system.  The  plan shall also include a detailed schedule of all capital
 projects which the authority intends to undertake within the  next  five
 years  and shall provide the following information for each such capital
 project: (a) a description of the project;  (b)  an  indication  of  the
 category into which the project has been classified in the capital plan;
 (c) the estimated total cost of the project and expenditures by year for
 such  project;  (d)  the  actual  disbursements by project for the prior
 year; and (e) the estimated dates of project initiation and  completion.
 The  plan shall also include a statement of the mix of financing methods
 to be used by the authority for financing the capital plan. The  capital
 plan  shall be submitted to the governor, the temporary president of the
 senate and the speaker of the assembly on the first day  of  January  of
 each year [commencing in nineteen hundred ninety-three].

 S. 2508--A                         151                        A. 3008--A
 
   §  13.  Subdivision  1  of section 103 of the canal law, as amended by
 chapter 335 of the laws of 2001, is amended to read as follows:
   1.  The  corporation  shall  have  the  power  to impose tolls for the
 passage through locks and lift bridges by vessels which are propelled in
 whole or in part by mechanical power, and to collect such tolls  by  the
 sale  of  lock and lift bridge passes issued for such periods of time as
 the corporation shall determine. Tolls for such  lock  and  lift  bridge
 passes  shall  be established by regulation of the corporation [with the
 advice of the canal recreationway commission and following no fewer than
 two public hearings at geographically dispersed locations on  the  canal
 system.  In  addition, the corporation may provide by regulation for the
 sale of lock and lift bridge passes by any other entity, and may allow a
 charge for handling by such other entities not to exceed one dollar  for
 each pass. No tolls shall be imposed or collected prior to the first day
 of  April,  nineteen  hundred  ninety-three]  OR BY FORMAL ACTION OF THE
 CORPORATION BOARD. Vessels owned by  the  United  States,  a  state,  or
 subdivision  thereof shall be exempted from the tolls authorized by this
 section.
   § 14. Paragraph 2 of subdivision (a) of section 168  of  the  economic
 development  law,  as  amended  by  chapter  33  of the laws of 2006, is
 amended to read as follows:
   (2) the chairman or his or her designated representative  of  the  New
 York  state  thruway  authority,  the  New York power authority, and the
 tourism advisory council, the New York state council on  the  arts,  the
 canal  corporation,  [the  canal  recreationway commission,] the Olympic
 regional development authority, and the Hudson River park trust;
   § 15. Paragraph (m) of subdivision 9 of section 1005-b of  the  public
 authorities  law, as added by section 22 of part TT of chapter 54 of the
 laws of 2016, is amended to read as follows:
   (m) [approve and implement the New York state canal recreationway plan
 submitted pursuant to section one hundred thirty-eight-c  of  the  canal
 law.  The  canal  corporation's review and approval of the canal recrea-
 tionway plan shall be based upon its consideration of a generic environ-
 mental impact statement prepared by the canal corporation in  accordance
 with  article  eight of the environmental conservation law and the regu-
 lations thereunder. Prior] PRIOR to the implementation of  any  substan-
 tial  improvement  by the canal corporation on canal lands, canal termi-
 nals, or canal terminal lands,  or  the  lease  of  canal  lands,  canal
 terminals,  or  canal terminal lands for substantial commercial improve-
 ment, the canal corporation, [in addition to any review  taken  pursuant
 to]  COMPLY  WITH  section  14.09  of the parks, recreation and historic
 preservation law[, shall conduct a reconnaissance  level  survey  within
 three  thousand feet of such lands to be improved of the type, location,
 and significance of historic buildings, sites, and districts listed  on,
 or which may be eligible, for the state or national registers of histor-
 ic places. The findings of such survey shall be used to identify signif-
 icant  historical  resources  and  to  determine  whether  the  proposed
 improvements are compatible with such  historic  buildings,  sites,  and
 districts];
   §  16. Subdivision 10 of section 1005-b of the public authorities law,
 as added by section 22 of part TT of chapter 54 of the laws of 2016,  is
 amended as follows:
   10. [(a) The canal corporation shall review the budget request submit-
 ted  by  the  canal  recreationway  commission  pursuant  to section one
 hundred thirty-eight-b of the canal law.

 S. 2508--A                         152                        A. 3008--A

   (b)] The canal corporation, on or before the fifteenth day of  Septem-
 ber  of  each year, shall submit to the director of the budget a request
 for the expenditure of funds available from the  New  York  state  canal
 system  development  fund  pursuant to section ninety-two-u of the state
 finance law or available from any other non-federal sources appropriated
 from the state treasury.
   [(c)  In the event that the request submitted by the canal corporation
 to the director of the budget differs from the request submitted by  the
 commission  to  the canal corporation, then the request submitted by the
 canal corporation to the  director  of  the  budget  shall  specify  the
 differences and shall set forth the reasons for such differences.]
   §  17.  Construction. This act, being necessary for the welfare of the
 state and its inhabitants, shall be liberally  construed  to  effectuate
 its purposes.
   § 18. This act shall take effect immediately.
 
                                  PART WW
 
   Section  1.  Expenditures  of moneys appropriated to the department of
 agriculture and markets from the special revenue funds-other/state oper-
 ations, miscellaneous special revenue fund-339, public  service  account
 shall  be subject to the provisions of this section. Notwithstanding any
 other provision of law to the contrary,  direct  and  indirect  expenses
 relating  to the department of agriculture and markets' participation in
 general ratemaking proceedings pursuant to  section  65  of  the  public
 service  law or certification proceedings pursuant to article 7 or 10 of
 the public service law, shall be deemed expenses of  the  department  of
 public  service within the meaning of section 18-a of the public service
 law. No later than August 15, annually, the commissioner of the  depart-
 ment  of  agriculture  and  markets  shall  submit an accounting of such
 expenses, including, but not limited to, expenses  in  the  prior  state
 fiscal  year for personal and non-personal services and fringe benefits,
 to the chair of the public service commission  for  the  chair's  review
 pursuant to the provisions of section 18-a of the public service law.
   §  2.  Expenditures  of moneys appropriated to the department of state
 from the special  revenue  funds-other/state  operations,  miscellaneous
 special revenue fund-339, public service account shall be subject to the
 provisions  of this section.  Notwithstanding any other provision of law
 to the contrary, direct and indirect expenses relating to the activities
 of the department of  state's  utility  intervention  unit  pursuant  to
 subdivision  4  of section 94-a of the executive law, including, but not
 limited to participation in general ratemaking proceedings  pursuant  to
 section 65 of the public service law or certification proceedings pursu-
 ant  to  article 7 or 10 of the public service law, and expenses related
 to the activities of the  major  renewable  energy  development  program
 established  by  section  94-c  of  the  executive  law, shall be deemed
 expenses of the department of  public  service  within  the  meaning  of
 section  18-a of the public service law.  No later than August 15, annu-
 ally, the  secretary  of  state  shall  submit  an  accounting  of  such
 expenses,  including,  but  not  limited to, expenses in the prior state
 fiscal year for personal and non-personal services and fringe  benefits,
 to  the  chair  of  the public service commission for the chair's review
 pursuant to the provisions of section 18-a of the public service law.
   § 3. Expenditures of moneys  appropriated  to  the  office  of  parks,
 recreation  and  historic  preservation  from the special revenue funds-
 other/state operations, miscellaneous special revenue  fund-339,  public

 S. 2508--A                         153                        A. 3008--A
 
 service  account  shall  be  subject  to the provisions of this section.
 Notwithstanding any other provision of law to the contrary,  direct  and
 indirect  expenses  relating  to  the  office  of  parks, recreation and
 historic  preservation's participation in general ratemaking proceedings
 pursuant to section 65  of  the  public  service  law  or  certification
 proceedings pursuant to article 7 or 10 of the public service law, shall
 be  deemed expenses of the department of public service within the mean-
 ing of section 18-a of the public service law. No later than August  15,
 annually,  the  commissioner  of  the  office  of  parks, recreation and
 historic preservation shall  submit  an  accounting  of  such  expenses,
 including,  but  not limited to, expenses in the prior state fiscal year
 for personal and non-personal services and fringe benefits, to the chair
 of the public service commission for the chair's review pursuant to  the
 provisions of section 18-a of the public service law.
   § 4. Expenditures of moneys appropriated to the department of environ-
 mental  conservation  from  the  special revenue funds-other/state oper-
 ations, environmental conservation  special  revenue  fund-301,  utility
 environmental  regulation  account shall be subject to the provisions of
 this section. Notwithstanding any other provision of law to the  contra-
 ry,  direct and indirect expenses relating to the department of environ-
 mental conservation's participation in state energy policy  proceedings,
 or  certification  proceedings pursuant to article 7 or 10 of the public
 service law, shall be  deemed  expenses  of  the  department  of  public
 service within the meaning of section 18-a of the public service law. No
 later  than  August  15, annually, the commissioner of the department of
 environmental conservation shall submit an accounting of such  expenses,
 including,  but  not limited to, expenses in the prior state fiscal year
 for personal and non-personal services and fringe benefits, to the chair
 of the public service commission for the chair's review pursuant to  the
 provisions of section 18-a of the public service law.
   §  5. Notwithstanding any other law, rule or regulation to the contra-
 ry, expenses of  the  department  of  health  public  service  education
 program  incurred  pursuant  to appropriations from the cable television
 account of the state miscellaneous special revenue funds shall be deemed
 expenses of the department of public service. No later than  August  15,
 annually,  the  commissioner of the department of health shall submit an
 accounting of expenses in the prior state fiscal year to  the  chair  of
 the  public  service  commission  for the chair's review pursuant to the
 provisions of section 217 of the public service law.
   § 6. Any expense deemed to be expenses of  the  department  of  public
 service  pursuant  to sections one through four of this act shall not be
 recovered through assessments imposed  upon  telephone  corporations  as
 defined in subdivision 17 of section 2 of the public service law.
   §  7.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2021.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.

 S. 2508--A                         154                        A. 3008--A
 
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through WW of this act shall be
 as specifically set forth in the last section of such Parts.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2508--B
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
   the Constitution -- read twice and ordered printed, and  when  printed
   to  be  committed to the Committee on Finance -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT intentionally omitted (Part A); to amend the penal law, the vehi-
   cle and traffic law and the transportation law, in relation to  trans-
   portation  worker  safety;  and  to  amend  the  state finance law, in
   relation to establishing the work zone safety  fund  (Subpart  A);  to
   amend  the vehicle and traffic law and the highway law, in relation to
   highway clearance (Subpart B); to amend the vehicle and  traffic  law,
   in  relation to increased fines for injury to pedestrians (Subpart C);
   and to amend the vehicle and traffic law and the public officers  law,
   in relation to establishing a demonstration program implementing speed
   violation  monitoring systems in work zones by means of photo devices;
   and providing for the repeal of such provisions upon expiration there-
   of (Subpart D) (Part B); to  amend  the  public  authorities  law,  in
   relation  to  electronic bidding (Part C); intentionally omitted (Part
   D); to amend the penal law, in relation to including  the  intentional
   use of any toll highway, parkway, road, bridge or tunnel or entry into
   or  remaining in a tolled central business district without payment of
   the lawful toll or charge as a theft of services;  and  to  amend  the
   vehicle  and  traffic law, in relation to the penalty imposed upon the
   operator of a vehicle with an altered or obscured license plate  while
   on  a  toll  highway, bridge or tunnel (Part E); intentionally omitted
   (Part F); intentionally omitted (Part G); intentionally omitted  (Part
   H);  to  amend  the  penal law, in relation to assaulting or harassing
   certain employees of a transit agency or authority (Part I); to  amend
   chapter  393  of  the  laws  of 1994 amending the New York state urban
   development corporation act relating to the powers  of  the  New  York
   state  urban  development  corporation  to  make loans, in relation to
   extending loan powers (Part J); to amend the urban development  corpo-
   ration  act,  in  relation  to extending the authority of the New York
   state urban development corporation to  administer  the  empire  state
   economic development fund (Part K); intentionally omitted (Part L); to
   amend  section 3 of part S of chapter 58 of the laws of 2016, relating
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12573-04-1

 S. 2508--B                          2
 
   to transferring  the  statutory  authority  for  the  promulgation  of
   marketing orders from the department of agriculture and markets to the
   New  York  state  urban  development  corporation,  in relation to the
   effectiveness  thereof  (Part  M);  to amend chapter 21 of the laws of
   2003, amending the executive law relating to permitting the  secretary
   of state to provide special handling for all documents filed or issued
   by  the  division  of  corporations and to permit additional levels of
   such expedited service, in relation to the effectiveness thereof (Part
   N); to amend the business corporation law,  the  general  associations
   law, the limited liability company law, the not-for-profit corporation
   law,  the  partnership  law  and the real property law, in relation to
   service of process (Part O); to amend the executive law,  in  relation
   to providing for electronic notarization (Part P); intentionally omit-
   ted  (Part  Q);  intentionally omitted (Part R); intentionally omitted
   (Part S); to amend part B of chapter 173 of the laws of 2013  relating
   to  the  issuance  of securitized restructuring bonds to refinance the
   outstanding debt of the Long Island power authority,  in  relation  to
   the  utility  debt securitization authority; in relation to permitting
   the issuance of securitized  restructuring  bonds  to  finance  system
   resiliency costs; and to amend the public authorities law, in relation
   to  contracts between service providers and third parties (Part T); to
   amend the economic development law, in relation to recharge  New  York
   power  for  eligible  small businesses and not-for-profit corporations
   (Part U); to amend the insurance law, the public authorities  law  and
   the  tax  law,  in  relation to authorizing the power authority of the
   state of New York to form a pure captive insurance company  (Part  V);
   to  authorize the energy research and development authority to finance
   a portion of its research, development and demonstration,  policy  and
   planning,  and  Fuel  NY  program,  as  well as climate change related
   expenses of the  department  of  environmental  conservation  and  the
   department  of  agriculture  and  markets'  Fuel  NY  program, from an
   assessment on gas and electric corporations (Part  W);  to  amend  the
   environmental  conservation law and the state finance law, in relation
   to hunting; and to repeal  certain  provisions  of  the  environmental
   conservation  law  relating  thereto  (Part  X); intentionally omitted
   (Part Y); to authorize the county of Nassau, to permanently and tempo-
   rarily convey certain easements and to  temporarily  alienate  certain
   parklands  (Subpart  A);  to  authorize  the village of East Rockaway,
   county of Nassau, to permanently and temporarily convey certain  ease-
   ments  and  to temporarily alienate certain parklands (Subpart B); and
   to authorize the village of Rockville Centre,  county  of  Nassau,  to
   permanently  and temporarily convey certain easements and to temporar-
   ily alienate certain parklands (Subpart C) (Part Z); to amend the  tax
   law,  in  relation to extending certain brownfield credit periods that
   expire on or after 3/20/20 and before 12/31/21  for  two  years  (Part
   AA);  to  authorize  the  grant  of certain easements to AlleCatt Wind
   Energy LLC on a proportion of real property  within  the  Farmersville
   State Forest, Swift Hill State Forest, and Lost Nation State Forest in
   the  county  of  Allegany;  and  providing  for  the  repeal  of  such
   provisions upon the expiration thereof (Part BB); to amend chapter  58
   of  the  laws  of 2013 amending the environmental conservation law and
   the state finance law relating to the  "Cleaner,  Greener  NY  Act  of
   2013", in relation to the effectiveness thereof (Part CC); in relation
   to  establishing the "rail advantaged housing act" (Part DD); to amend
   the public authorities law, in relation to the clean energy  resources
   development  and incentives program (Part EE); to amend chapter 166 of

 S. 2508--B                          3
 
   the laws of 1991, amending the tax law  and  other  laws  relating  to
   taxes,  in  relation to extending the expiration of certain provisions
   of such chapter; and to amend the vehicle and traffic law, in relation
   to  extending  the  expiration  of  the mandatory surcharge and victim
   assistance fee (Part FF); in relation to  establishing  the  New  York
   task  force on automated vehicle technology; to amend part FF of chap-
   ter 55 of the laws of 2017 relating to motor  vehicles  equipped  with
   autonomous vehicle technology, in relation to the effectiveness there-
   of;  and  providing  for  the repeal of certain  provisions upon expi-
   ration thereof (Part GG); intentionally omitted (Part  HH);  to  amend
   Part BB of chapter 58 of the laws of 2012, amending the public author-
   ities  law,  relating  to authorizing the dormitory authority to enter
   into  certain  design  and  construction  management  agreements,   in
   relation  to  the  effectiveness  thereof  (Part  II); authorizing the
   superintendent of financial services to convene a motor vehicle insur-
   ance task force to examine  alternatives  to  the  no-fault  insurance
   system  and deliver a report relating thereto (Part JJ); intentionally
   omitted (Part KK);  intentionally  omitted  (Part  LL);  intentionally
   omitted  (Part  MM); to amend subpart H of part C of chapter 20 of the
   laws of 2015, appropriating money for certain  municipal  corporations
   and school districts, in relation to funding to local government enti-
   ties  from  the urban development corporation (Part NN); intentionally
   omitted (Part OO); to amend the general obligations law,  in  relation
   to  the discontinuance of the London interbank offered rate (Part PP);
   intentionally omitted (Part QQ); intentionally omitted (Part  RR);  to
   amend  the  New York state medical care facilities finance agency act,
   in relation to the ability to issue certain bonds and notes (Part SS);
   to amend the economic development law and the tax law, in relation  to
   establishing  the  small  business  return-to-work  tax credit program
   (Subpart A); to amend the economic development law and the tax law, in
   relation to establishing  the  restaurant  return-to-work  tax  credit
   program  (Subpart  B);  and to amend the tax law and the state finance
   law, in relation to establishing the New York city musical and  theat-
   rical  production  tax  credit;  and  providing for the repeal of such
   provisions upon expiration  thereof  (Subpart  C)  (Part  TT);  inten-
   tionally  omitted  (Part  UU);  intentionally  omitted  (Part  VV); to
   authorize utility and cable television assessments that provide  funds
   to  the department of health from cable television assessment revenues
   and to the department of agriculture and markets, department of  envi-
   ronmental  conservation, department of state, and the office of parks,
   recreation and historic preservation from utility assessment revenues;
   and providing for the repeal of such provisions upon expiration there-
   of (Part WW); to amend the highway law, in relation to the  rate  paid
   by  the  state  to a city for maintenance and repair of highways (Part
   XX); to amend the private housing finance law and  the  state  finance
   law,  in  relation to enacting the "housing our neighbors with dignity
   act" (Part YY); to amend the public authorities law  and  the  general
   municipal  law,  in  relation  to  the procurement of electric-powered
   buses, vehicles or other related equipment (Part ZZ); authorizing  the
   creation  of  state  debt  in  the amount of three billion dollars, in
   relation to creating the environmental bond act of 2021 "clean  water,
   green jobs, green New York" for the purposes of environmental improve-
   ments that preserve, enhance, and restore New York's natural resources
   and  reduce  the  impact  of  climate  change;  and  providing for the
   submission to the people of a proposition or question therefor  to  be
   voted  upon at the general election to be held in November, 2021 (Part

 S. 2508--B                          4
 
   AAA); to amend  the  environmental  conservation  law  and  the  state
   finance  law,  in  relation to the implementation of the environmental
   bond act of 2021 "clean water, green jobs, green New York" (Part BBB);
   to amend the environmental conservation law, in relation to establish-
   ing  the extended producer responsibility act (Part CCC); to amend the
   agriculture and markets law, in  relation  to  the  Nourish  New  York
   program  (Part  DDD);  to amend the public service law, in relation to
   directing the public service commission to review broadband and  fiber
   optic  services  within  the  state (Part EEE); to amend the education
   law, the tax law, the state finance law and the public service law, in
   relation to ensuring all children have access to the delivery of tech-
   nology through high-quality broadband internet connectivity in support
   of the constitutional education obligations of the state; and  provid-
   ing  for  the  repeal of such provisions upon expiration thereof (Part
   FFF); to amend the  infrastructure  investment  act,  in  relation  to
   public  employees' supervision, examination, review, and determination
   of acceptability of public works  projects  performed  by  contractors
   (Part  GGG);  and to amend the New York state urban development corpo-
   ration act, in relation to establishing a small business grant program
   (Part HHH)

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act enacts into law major components of legislation
 necessary to implement the state  transportation,  economic  development
 and  environmental  conservation  budget  for the 2021-2022 state fiscal
 year. Each component is wholly contained within  a  Part  identified  as
 Parts  A  through HHH.  The effective date for each particular provision
 contained within such Part is set forth in  the  last  section  of  such
 Part.  Any  provision  in any section contained within a Part, including
 the effective date of the Part, which makes a reference to a section "of
 this act", when used in connection with that particular component, shall
 be deemed to mean and refer to the corresponding section of the Part  in
 which  it  is  found.  Section  three of this act sets forth the general
 effective date of this act.
 
                                  PART A
 
                           Intentionally Omitted
 
                                  PART B
 
   Section 1. This act enacts into law components  of  legislation  which
 are  necessary to implement legislation relating to the safety of trans-
 portation workers, pedestrians, and the traveling public. Each component
 is wholly contained within a Subpart identified as Subparts A through D.
 The effective date for each particular provision contained  within  such
 Subpart  is set forth in the last section of such Subpart. Any provision
 in any section contained within a Subpart, including the effective  date
 of the Subpart, which makes a reference to a section "of this act", when
 used  in  connection  with that particular component, shall be deemed to
 mean and refer to the corresponding section of the Subpart in  which  it

 S. 2508--B                          5
 
 is  found.  Section  three  of this act sets forth the general effective
 date of this act.
 
                                 SUBPART A
 
   Section  1.  Subdivisions 3 and 11 of section 120.05 of the penal law,
 subdivision 3 as amended by chapter 267 of the laws of 2016, and  subdi-
 vision  11  as separately amended by chapters 268 and 281 of the laws of
 2016, are amended to read as follows:
   3. With intent to prevent a peace officer, a police officer,  prosecu-
 tor as defined in subdivision thirty-one of section 1.20 of the criminal
 procedure law, registered nurse, licensed practical nurse, public health
 sanitarian,  New York city public health sanitarian, sanitation enforce-
 ment agent, New York city sanitation worker, a firefighter, including  a
 firefighter acting as a paramedic or emergency medical technician admin-
 istering  first  aid  in the course of performance of duty as such fire-
 fighter, an emergency medical service  paramedic  or  emergency  medical
 service  technician, or medical or related personnel in a hospital emer-
 gency department, a city marshal,  a  school  crossing  guard  appointed
 pursuant  to section two hundred eight-a of the general municipal law, a
 traffic enforcement officer, traffic enforcement agent, A HIGHWAY WORKER
 AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND  TRAFFIC
 LAW, A MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED
 IN  SECTION  ONE  HUNDRED  EIGHTEEN-B  OF  THE  VEHICLE AND TRAFFIC LAW,
 EMPLOYEE OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A  COUNTY
 CLERK  PERFORMING  MOTOR  VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPART-
 MENT, or employee of any entity governed by the public  service  law  in
 the  course of performing an essential service, from performing a lawful
 duty, by means including releasing or failing to control an animal under
 circumstances evincing the actor's intent that the animal  obstruct  the
 lawful  activity  of  such  peace officer, police officer, prosecutor as
 defined in subdivision thirty-one of section 1.20 of the criminal proce-
 dure law, registered nurse,  licensed  practical  nurse,  public  health
 sanitarian,  New York city public health sanitarian, sanitation enforce-
 ment agent, New York city  sanitation  worker,  firefighter,  paramedic,
 technician,  city  marshal,  school crossing guard appointed pursuant to
 section two hundred  eight-a  of  the  general  municipal  law,  traffic
 enforcement  officer,  traffic  enforcement  agent,  HIGHWAY  WORKER  AS
 DEFINED BY SECTION ONE HUNDRED EIGHTEEN-A OF  THE  VEHICLE  AND  TRAFFIC
 LAW,  MOTOR  VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED
 IN SECTION ONE HUNDRED  EIGHTEEN-B  OF  THE  VEHICLE  AND  TRAFFIC  LAW,
 EMPLOYEE  OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A COUNTY
 CLERK PERFORMING MOTOR VEHICLE TRANSACTIONS ON BEHALF  OF  SUCH  DEPART-
 MENT, or employee of an entity governed by the public service law, he or
 she causes physical injury to such peace officer, police officer, prose-
 cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
 nal  procedure  law,  registered nurse, licensed practical nurse, public
 health sanitarian, New York city public  health  sanitarian,  sanitation
 enforcement   agent,  New  York  city  sanitation  worker,  firefighter,
 paramedic, technician or medical or  related  personnel  in  a  hospital
 emergency  department,  city  marshal,  school  crossing  guard, traffic
 enforcement  officer,  traffic  enforcement  agent,  HIGHWAY  WORKER  AS
 DEFINED  BY  SECTION  EIGHTEEN-A  OF  THE VEHICLE AND TRAFFIC LAW, MOTOR
 VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED  IN  SECTION
 ONE  HUNDRED  EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE
 NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING

 S. 2508--B                          6
 
 MOTOR VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPARTMENT, or employee  of
 an entity governed by the public service law; or
   11.  With  intent to cause physical injury to a train operator, ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner or terminal cleaner employed by any transit agency, authority or
 company, public or private, whose operation is authorized  by  New  York
 state  or  any  of  its political subdivisions, a city marshal, a school
 crossing guard appointed pursuant to section two hundred eight-a of  the
 general  municipal  law, a traffic enforcement officer, traffic enforce-
 ment agent, A HIGHWAY WORKER AS DEFINED IN  SECTION  ONE  HUNDRED  EIGH-
 TEEN-A  OF  THE  VEHICLE  AND TRAFFIC LAW, A MOTOR VEHICLE INSPECTOR AND
 MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED  EIGHTEEN-B
 OF  THE  VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPART-
 MENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANS-
 ACTIONS ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined in  subdivi-
 sion   thirty-one  of  section  1.20  of  the  criminal  procedure  law,
 sanitation enforcement agent, New York city  sanitation  worker,  public
 health  sanitarian,  New  York city public health sanitarian, registered
 nurse, licensed practical nurse, emergency medical service paramedic, or
 emergency medical service technician, he or she causes  physical  injury
 to  such  train operator, ticket inspector, conductor, signalperson, bus
 operator, station agent,  station  cleaner  or  terminal  cleaner,  city
 marshal, school crossing guard appointed pursuant to section two hundred
 eight-a of the general municipal law, traffic enforcement officer, traf-
 fic  enforcement agent, HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED
 EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE  INSPECTOR  AND
 MOTOR  CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B
 OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK  STATE  DEPART-
 MENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANS-
 ACTIONS  ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined in subdivi-
 sion  thirty-one  of  section  1.20  of  the  criminal  procedure   law,
 registered  nurse,  licensed  practical nurse, public health sanitarian,
 New York city public health sanitarian,  sanitation  enforcement  agent,
 New York city sanitation worker, emergency medical service paramedic, or
 emergency  medical service technician, while such employee is performing
 an assigned duty on, or directly related to, the operation of a train or
 bus, including the cleaning of a train or bus station  or  terminal,  or
 such  city  marshal, school crossing guard, traffic enforcement officer,
 traffic enforcement agent, HIGHWAY WORKER  AS  DEFINED  BY  SECTION  ONE
 HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPEC-
 TOR  AND  MOTOR  CARRIER  INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED
 EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW,  EMPLOYEE  OF  THE  NEW  YORK
 STATE  DEPARTMENT  OF  MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR
 VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined
 in subdivision thirty-one of section 1.20 of the criminal procedure law,
 registered nurse, licensed practical nurse,  public  health  sanitarian,
 New  York  city  public health sanitarian, sanitation enforcement agent,
 New York city sanitation worker, emergency medical service paramedic, or
 emergency medical service technician is performing an assigned duty; or
   § 2. The penal law is amended by adding a new section 120.19  to  read
 as follows:
 § 120.19 MENACING A HIGHWAY WORKER.
   A  PERSON IS GUILTY OF MENACING A HIGHWAY WORKER WHEN HE OR SHE INTEN-
 TIONALLY PLACES OR ATTEMPTS TO PLACE A HIGHWAY WORKER IN REASONABLE FEAR
 OF DEATH, IMMINENT SERIOUS  PHYSICAL  INJURY  OR  PHYSICAL  INJURY.  FOR
 PURPOSES  OF  THIS SECTION, A HIGHWAY WORKER SHALL HAVE THE SAME MEANING

 S. 2508--B                          7
 
 AS DEFINED BY SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND  TRAFFIC
 LAW.
   MENACING A HIGHWAY WORKER IS A CLASS E FELONY.
   § 3. The vehicle and traffic law is amended by adding two new sections
 118-a and 118-b to read as follows:
   §  118-A.  HIGHWAY  WORKER. ANY PERSON EMPLOYED BY OR ON BEHALF OF THE
 STATE, A COUNTY, CITY, TOWN OR VILLAGE,  A  PUBLIC  AUTHORITY,  A  LOCAL
 AUTHORITY,  OR  A  PUBLIC UTILITY COMPANY, OR THE AGENT OR CONTRACTOR OF
 ANY SUCH ENTITY, WHO HAS BEEN ASSIGNED TO PERFORM  WORK  ON  A  HIGHWAY,
 INCLUDING  MAINTENANCE,  REPAIR,  FLAGGING,  UTILITY WORK, CONSTRUCTION,
 RECONSTRUCTION OR OPERATION OF EQUIPMENT ON PUBLIC  HIGHWAY  INFRASTRUC-
 TURE  AND ASSOCIATED RIGHTS-OF-WAY IN HIGHWAY WORK AREAS, AND SHALL ALSO
 INCLUDE ANY FLAGPERSON AS DEFINED IN SECTION ONE  HUNDRED  FIFTEEN-B  OF
 THIS ARTICLE.
   §  118-B.  MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR. ANY
 PERSON EMPLOYED BY THE NEW YORK STATE DEPARTMENT OF  TRANSPORTATION  WHO
 HAS BEEN ASSIGNED TO PERFORM INSPECTIONS OF ANY MOTOR VEHICLES OR INVES-
 TIGATION  OF  ANY CARRIERS REGULATED BY THE COMMISSIONER OF THE NEW YORK
 STATE DEPARTMENT OF TRANSPORTATION.
   § 4. Subparagraphs (xii) and (xiii) of paragraph a of subdivision 2 of
 section 510 of the vehicle and traffic law, as added  by  section  1  of
 part  B  of  chapter  55  of  the  laws  of 2014, are amended to read as
 follows:
   (xii) of a second or subsequent conviction of a violation  of  section
 twelve  hundred twenty-five-c or section twelve hundred twenty-five-d of
 this chapter committed where such person is the holder of a probationary
 license, as defined in subdivision four of section five hundred  one  of
 this  title,  at  the  time of the commission of such violation and such
 second or subsequent violation was committed within six months following
 the restoration or issuance of such probationary license; [or]
   (xiii) of a second or subsequent conviction of a violation of  section
 twelve  hundred twenty-five-c or section twelve hundred twenty-five-d of
 this chapter committed where such person is the holder of a class DJ  or
 MJ  learner's  permit  or  a  class  DJ or MJ license at the time of the
 commission of such violation and such second or subsequent violation was
 committed within six months following the restoration of such permit  or
 license; OR
   (XIV)  OF  MENACING A HIGHWAY WORKER, OR MENACING IN THE FIRST, SECOND
 OR THIRD DEGREE, AS DEFINED IN ARTICLE ONE HUNDRED TWENTY OF  THE  PENAL
 LAW, WHERE SUCH OFFENSE WAS COMMITTED AGAINST A HIGHWAY WORKER.
   §  5.  The  vehicle and traffic law is amended by adding a new section
 1221-a to read  as follows:
   § 1221-A. ENDANGERMENT OF A HIGHWAY WORKER. 1. A  DRIVER  OF  A  MOTOR
 VEHICLE  COMMITS ENDANGERMENT OF A HIGHWAY WORKER IF THE DRIVER IS OPER-
 ATING A MOTOR VEHICLE WITHIN A WORK  AREA  AS  DEFINED  IN  SECTION  ONE
 HUNDRED  SIXTY-ONE OF THIS CHAPTER AT ANY TIME ONE OR MORE HIGHWAY WORK-
 ERS ARE IN THE WORK AREA AND DOES ANY OF THE FOLLOWING:
   (A) ENTERS A WORK AREA IN ANY LANE NOT CLEARLY DESIGNATED FOR  USE  BY
 MOTOR VEHICLES; OR
   (B)  FAILS  TO  OBEY  TRAFFIC  CONTROL DEVICES CONTROLLING THE FLOW OF
 MOTOR VEHICLES THROUGH THE WORK AREA FOR ANY REASON OTHER THAN:
   (I) AN EMERGENCY;
   (II) THE AVOIDANCE OF AN OBSTACLE; OR
   (III) THE PROTECTION OF THE HEALTH AND SAFETY OF ANOTHER PERSON.
   2. (A) A DRIVER OF A MOTOR VEHICLE WHO VIOLATES THIS SECTION SHALL  BE
 GUILTY OF A TRAFFIC INFRACTION PUNISHABLE BY A FINE OF NOT MORE THAN ONE

 S. 2508--B                          8
 
 THOUSAND  DOLLARS AND NOT LESS THAN FIVE HUNDRED DOLLARS OR BY IMPRISON-
 MENT FOR NOT MORE THAN FIFTEEN DAYS OR BY BOTH SUCH FINE  AND  IMPRISON-
 MENT.
   (B)  A DRIVER OF A MOTOR VEHICLE WHO CAUSES PHYSICAL INJURY AS DEFINED
 IN ARTICLE TEN OF THE PENAL LAW TO A HIGHWAY WORKER  IN  THE  WORK  AREA
 WHILE VIOLATING PARAGRAPH ONE OF THIS SECTION SHALL BE GUILTY OF A TRAF-
 FIC  INFRACTION  PUNISHABLE  BY  A  FINE  OF  NOT MORE THAN TWO THOUSAND
 DOLLARS AND NOT LESS THAN ONE THOUSAND DOLLARS OR  BY  IMPRISONMENT  FOR
 NOT MORE THAN FORTY-FIVE DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (C)  A DRIVER OF A MOTOR VEHICLE WHO CAUSES SERIOUS PHYSICAL INJURY AS
 DEFINED IN ARTICLE TEN OF THE PENAL LAW TO A HIGHWAY WORKER IN THE  WORK
 AREA  WHILE VIOLATING PARAGRAPH ONE OF THIS SECTION SHALL BE GUILTY OF A
 TRAFFIC INFRACTION PUNISHABLE BY A FINE OF NOT MORE THAN  FIVE  THOUSAND
 DOLLARS  AND  NOT  LESS THAN TWO THOUSAND DOLLARS OR BY IMPRISONMENT FOR
 NOT MORE THAN NINETY DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT.
   3. IN ANY CASE WHEREIN THE CHARGE LAID  BEFORE  THE  COURT  ALLEGES  A
 VIOLATION  OF  THIS  SECTION,  ANY  PLEA OF GUILTY THEREAFTER ENTERED IN
 SATISFACTION OF SUCH CHARGE MUST INCLUDE THE FINE  IMPOSED  PURSUANT  TO
 THIS  SECTION  AND NO OTHER PLEA OF GUILTY TO ANY OTHER CHARGE IN SATIS-
 FACTION OF SUCH CHARGE SHALL BE AUTHORIZED; PROVIDED,  HOWEVER,  IF  THE
 PROSECUTING  ATTORNEY, UPON REVIEWING THE AVAILABLE EVIDENCE, DETERMINES
 THAT THE CHARGE OF A VIOLATION OF THIS SECTION IS  NOT  WARRANTED,  SUCH
 PROSECUTING  ATTORNEY MAY CONSENT, AND THE COURT MAY ALLOW A DISPOSITION
 BY PLEA OF GUILTY TO ANOTHER CHARGE  IN  SATISFACTION  OF  SUCH  CHARGE;
 PROVIDED, HOWEVER, IN ALL SUCH CASES, THE COURT SHALL SET FORTH UPON THE
 RECORD  THE BASIS FOR SUCH DISPOSITION. SUCH FINE SHALL NOT BE WAIVED OR
 REDUCED BELOW THE  MINIMUM  AS  PROVIDED  IN  SUBDIVISION  TWO  OF  THIS
 SECTION. SIXTY PERCENT OF FINES COLLECTED PURSUANT TO THIS SECTION SHALL
 BE PAID TO THE WORK ZONE SAFETY FUND ESTABLISHED BY SECTION NINETY-NINE-
 II OF THE STATE FINANCE LAW.
   4.  NO  PERSON SHALL BE GUILTY OF ENDANGERMENT OF A HIGHWAY WORKER FOR
 ANY ACT OR  OMISSION  OTHERWISE  CONSTITUTING  A  VIOLATION  UNDER  THIS
 SECTION  IF  THE  ACT  OR  OMISSION  RESULTS,  IN WHOLE OR IN PART, FROM
 MECHANICAL FAILURE OF THE PERSON'S MOTOR VEHICLE OR FROM THE  NEGLIGENCE
 OF A HIGHWAY WORKER OR ANOTHER PERSON.
   5.  NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT THE IMPOSITION OF
 A CHARGE OF ANY OTHER OFFENSE SET FORTH IN THIS OR ANY  OTHER  PROVISION
 OF LAW FOR ANY ACTS ARISING OUT OF THE SAME INCIDENT.
   §  6.  The  vehicle and traffic law is amended by adding a new section
 1221-b to read as follows:
   § 1221-B. WORK AREA SAFETY AND OUTREACH. THE GOVERNOR'S TRAFFIC SAFETY
 COMMITTEE, UPON CONSULTATION WITH THE  COMMISSIONER  OF  TRANSPORTATION,
 THE  SUPERINTENDENT  OF  STATE POLICE, THE COMMISSIONER, THE CHAIRMAN OF
 THE NEW YORK STATE THRUWAY AUTHORITY, LOCAL  LAW  ENFORCEMENT  AGENCIES,
 AND  REPRESENTATIVES  FOR  CONTRACTORS,  LABORERS, AND PUBLIC EMPLOYEES,
 SHALL DESIGN AND IMPLEMENT A PUBLIC EDUCATION AND  OUTREACH  PROGRAM  TO
 INCREASE MOTORIST AWARENESS OF THE IMPORTANCE OF HIGHWAY WORK AREA SAFE-
 TY,  TO  REDUCE  THE  NUMBER OF WORK AREA INCIDENTS, INCLUDING SPEEDING,
 UNAUTHORIZED INTRUSIONS INTO WORK AREAS, AND ANY  CONDUCT  RESULTING  IN
 HAZARDS OR INJURIES TO HIGHWAY WORKERS, AND TO INCREASE AND PROMOTE WORK
 AREA SAFETY.
   §  7.  Section 161 of the vehicle and traffic law, as added by chapter
 92 of the laws of 1984 and as renumbered by chapter 303 of the  laws  of
 2014, is amended to read as follows:
   § 161. Work  area  OR WORK ZONE. [That part of a highway being used or
 occupied for the conduct of highway work, within  which  workers,  vehi-

 S. 2508--B                          9

 cles, equipment, materials, supplies, excavations, or other obstructions
 are  present.] THE AREA OF A HIGHWAY, BRIDGE, SHOULDER, MEDIAN, OR ASSO-
 CIATED RIGHT-OF-WAY,  WHERE  CONSTRUCTION,  MAINTENANCE,  UTILITY  WORK,
 ACCIDENT  RESPONSE,  OR  OTHER INCIDENT RESPONSE IS BEING PERFORMED. THE
 WORK AREA MUST BE MARKED BY SIGNS, TRAFFIC CONTROL DEVICES, TRAFFIC-CON-
 TROL SIGNALS, BARRIERS, PAVEMENT MARKINGS,  AUTHORIZED  EMERGENCY  VEHI-
 CLES,  OR  HAZARD  VEHICLES,  AND EXTENDS FROM THE FIRST TRAFFIC CONTROL
 DEVICE ERECTED FOR PURPOSES OF CONTROLLING THE FLOW  OF  MOTOR  VEHICLES
 THROUGH  THE  WORK AREA, INCLUDING SIGNS REDUCING THE NORMAL SPEED LIMIT
 BUT EXCLUDING SIGNS NOTIFYING MOTORISTS  OF  AN  IMPENDING  SPEED  LIMIT
 REDUCTION,  TO  THE  "END  ROAD WORK" SIGN OR THE LAST TEMPORARY TRAFFIC
 CONTROL DEVICE. THE SIGNS,  TRAFFIC  CONTROL  DEVICES,  TRAFFIC  CONTROL
 SIGNALS,  BARRIERS, PAVEMENT MARKINGS, OR AUTHORIZED EMERGENCY VEHICLES,
 OR HAZARD VEHICLES MUST MEET DEPARTMENT OF TRANSPORTATION STANDARDS  AND
 THE  PROVISIONS  OF THIS CHAPTER, AND MUST BE INSTALLED PROPERLY SO THAT
 THEY ARE CLEARLY VISIBLE TO MOTORISTS IN ACCORDANCE WITH THE  MANUAL  ON
 UNIFORM TRAFFIC CONTROL DEVICES.
   §  8. Section 22 of the transportation law, as added by chapter 223 of
 the laws of 2005, is amended to read as follows:
   § 22. Work zone safety and enforcement. The department shall, in coop-
 eration with the superintendent of state  police,  the  commissioner  of
 motor  vehicles,  the  chairman of the New York state thruway authority,
 local law enforcement agencies and representatives for contractors [and]
 , laborers AND PUBLIC EMPLOYEES, develop and implement rules  and  regu-
 lations  for  the  increased  safety of work zones. Such rules and regu-
 lations shall include, but shall not be limited to, a police presence at
 all major active work zones as defined  by  rules  and  regulations  set
 forth  by  the commissioner, the use of radar speed display signs at all
 major active work zones as defined by rules and regulations set forth by
 the commissioner, and a system for reviewing work zone safety and design
 for all work zones under the jurisdiction of the department.
   § 9. The state finance law is amended by adding a new section 99-ii to
 read as follows:
   § 99-II. WORK ZONE SAFETY FUND. 1. THERE IS HEREBY ESTABLISHED IN  THE
 CUSTODY OF THE STATE COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE "WORK
 ZONE SAFETY FUND."
   2.  THE FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE,
 ALL MONIES REQUIRED BY THIS SECTION OR ANY OTHER PROVISION OF LAW TO  BE
 PAID  INTO  OR  CREDITED  TO SUCH FUND, COLLECTED BY THE MANDATORY FINES
 IMPOSED PURSUANT TO SECTION TWELVE HUNDRED TWENTY-ONE-A OF  THE  VEHICLE
 AND  TRAFFIC LAW, AND ALL OTHER MONIES APPROPRIATED, CREDITED, OR TRANS-
 FERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. ANY INTER-
 EST RECEIVED BY THE COMPTROLLER ON MONIES ON DEPOSIT IN  THE  WORK  ZONE
 SAFETY FUND SHALL BE RETAINED IN AND BECOME A PART OF SUCH FUND.
   3.  MONIES  OF THE FUND SHALL, FOLLOWING APPROPRIATION BY THE LEGISLA-
 TURE, BE DISBURSED TO PROVIDE WORK ZONE SAFETY  ENFORCEMENT,  WORK  ZONE
 MARKINGS, RADAR SPEED DISPLAY SIGNS, AND POLICE MONITORING OF WORK ZONES
 PURSUANT  TO SECTION TWENTY-TWO OF THE TRANSPORTATION LAW. MONIES OF THE
 FUND SHALL BE EXPENDED ONLY FOR THE PURPOSES LISTED IN  THIS  PARAGRAPH,
 AND  SHALL NOT BE USED TO SUPPLANT ANY OTHER FUNDS WHICH WOULD OTHERWISE
 HAVE BEEN EXPENDED FOR WORK ZONE SAFETY AND ENFORCEMENT, INCLUDING WITH-
 OUT LIMITATION WORK ZONE SAFETY ENFORCEMENT, WORK ZONE  MARKINGS,  RADAR
 SPEED DISPLAY SIGNS, AND POLICE MONITORING OF WORK ZONES.
   4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER.

 S. 2508--B                         10
 
   5. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR,  THE  COMPTROLLER
 SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAK-
 ER OF THE ASSEMBLY, AND CHAIRS OF THE ASSEMBLY AND SENATE TRANSPORTATION
 COMMITTEES,  THE  AMOUNT OF MONEY DEPOSITED IN THE WORK ZONE SAFETY FUND
 DURING  THE  PRECEDING  CALENDAR  YEAR  AS THE RESULT OF REVENUE DERIVED
 PURSUANT TO SECTION ONE THOUSAND TWO HUNDRED TWENTY-ONE-A OF THE VEHICLE
 AND TRAFFIC LAW.
   6. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE  DIRECTOR  OF
 THE  DIVISION  OF BUDGET, IN CONSULTATION WITH THE RELEVANT AGENCIES AND
 AUTHORITIES, SHALL PROVIDE A WRITTEN REPORT TO THE  TEMPORARY  PRESIDENT
 OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE AND ASSEMBLY
 TRANSPORTATION  COMMITTEES,  THE  STATE COMPTROLLER AND THE PUBLIC. SUCH
 REPORT SHALL INCLUDE HOW THE MONIES OF THE FUND WERE UTILIZED DURING THE
 PRECEDING CALENDAR YEAR, AND SHALL INCLUDE:
   (I) THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD  PROCESS
 USED FOR SUCH DISBURSEMENTS;
   (II) RECIPIENTS OF DISBURSEMENTS FROM THE FUND;
   (III) THE AMOUNT AWARDED TO EACH;
   (IV) THE PURPOSES FOR WHICH SUCH DISBURSEMENTS WERE MADE; AND
   (V) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
 MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
 ING  FISCAL  YEARS,  ALONG  WITH  THE ACTUAL RESULTS OF THE PRIOR FISCAL
 YEAR.
   § 10. This act shall take effect on  the  one  hundred  eightieth  day
 after it shall have become a law.
 
                                 SUBPART B
 
   Section  1.  Section  600 of the vehicle and traffic law is amended by
 adding a new subdivision 4 to read as follows:
   4. ANY PERSON OPERATING A MOTOR VEHICLE INVOLVED IN  AN  ACCIDENT  NOT
 INVOLVING  PERSONAL INJURY OR DEATH WHO MOVES SUCH VEHICLE TO A LOCATION
 OFF THE ROADWAY BUT AS NEAR AS POSSIBLE TO THE PLACE  WHERE  THE  DAMAGE
 OCCURRED,  SO  AS NOT TO OBSTRUCT THE REGULAR FLOW OF TRAFFIC, SHALL NOT
 BE CONSTRUED TO BE IN VIOLATION  OF  SUBDIVISION  ONE  OF  THIS  SECTION
 BECAUSE OF SUCH MOVEMENT.
   §  2.  Subdivision  2  of section 15 of the highway law, as amended by
 chapter 1110 of the laws of 1971, is amended to read as follows:
   2. The commissioner [of transportation],  A  POLICE  OFFICER,  OR  ANY
 HAZARD VEHICLE OPERATOR ACTING AT THE DIRECTION OF THE COMMISSIONER OR A
 POLICE OFFICER shall have the power to cause the immediate removal, from
 the  right of way of any state highway, of any vehicle, CARGO, OR DEBRIS
 which obstructs or interferes with the use of such a highway for  public
 travel;  or  which obstructs or interferes with the construction, recon-
 struction or maintenance of such a highway; or which obstructs or inter-
 feres with the clearing or removal of snow or ice from such  a  highway;
 or which obstructs or interferes with any operation of the department of
 transportation during a public emergency.  THE COMMISSIONER, OR A POLICE
 OFFICER,  OR  ANY HAZARD VEHICLE OPERATOR ACTING AT THE DIRECTION OF THE
 COMMISSIONER OR A POLICE OFFICER, SHALL NOT BE LIABLE FOR ANY DAMAGE  TO
 SUCH VEHICLE, CARGO, OR DEBRIS, UNLESS SUCH REMOVAL WAS CARRIED OUT IN A
 NEGLIGENT  MANNER.    FOR  THE  PURPOSES  OF  THIS SUBDIVISION, THE TERM
 "POLICE OFFICER" SHALL HAVE THE SAME MEANING AS DEFINED  BY  SUBDIVISION
 THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   §  3.  The  commissioner  of  transportation,  in conjunction with the
 commissioner of motor vehicles and the superintendent of  state  police,

 S. 2508--B                         11
 
 shall  undertake  a public education campaign to alert motorists and law
 enforcement officers of their rights and responsibilities under subdivi-
 sion 4 of section 600 of the vehicle and traffic law and  subdivision  2
 of section 15 of the highway law.
   §  4.  The commissioner of motor vehicles shall incorporate the amend-
 ments to subdivision 4 of section 600 of the  vehicle  and  traffic  law
 into its training materials and driver's manual in the regular course of
 business.
   § 5. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.
 
                                 SUBPART C
 
   Section 1. Paragraph 1 of subdivision (b) of section 1146 of the vehi-
 cle  and  traffic law, as amended by chapter 333 of the laws of 2010, is
 amended to read as follows:
   1. A driver of a motor vehicle who causes physical injury  as  defined
 in article ten of the penal law to a pedestrian or bicyclist while fail-
 ing  to  exercise  due  care  in  violation  of  subdivision (a) of this
 section, shall be guilty of a traffic infraction punishable by a fine of
 not more than [five hundred] ONE THOUSAND dollars or by imprisonment for
 not more than fifteen days or by both such fine and imprisonment.
   § 2. Paragraph 1 of subdivision (c) of section 1146 of the vehicle and
 traffic law, as amended by chapter 333 of the laws of 2010,  is  amended
 to read as follows:
   1.  A  driver of a motor vehicle who causes serious physical injury as
 defined in article ten of the penal law to  a  pedestrian  or  bicyclist
 while  failing  to  exercise due care in violation of subdivision (a) of
 this section, shall be guilty of a traffic infraction  punishable  by  a
 fine  of  not  more than [seven hundred fifty] ONE THOUSAND FIVE HUNDRED
 dollars or by imprisonment for not more than fifteen days or by required
 participation in a motor vehicle accident prevention course pursuant  to
 paragraph  (e-1) of subdivision two of section 65.10 of the penal law or
 by any combination of such fine, imprisonment or course, and by  suspen-
 sion of a license or registration pursuant to subparagraph (xiv) or (xv)
 of  paragraph  b  of subdivision two of section five hundred ten of this
 chapter.
   § 3. Subdivision (d) of section 1146 of the vehicle and  traffic  law,
 as  amended  by  chapter  333 of the laws of 2010, is amended to read as
 follows:
   (d) A violation of subdivision (b) or (c) of this section committed by
 a person who has previously been convicted  of  any  violation  of  such
 subdivisions within the preceding five years, shall constitute a class B
 misdemeanor  punishable  by  a  fine of not more than [one] TWO thousand
 dollars in addition to any other penalties provided by law.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                 SUBPART D
 
   Section 1. Subdivision 1 of section 235 of  the  vehicle  and  traffic
 law,  as separately amended by sections 1 of chapters 145 and 148 of the
 laws of 2019, is amended to read as follows:

 S. 2508--B                         12
 
   1. Notwithstanding any inconsistent provision of any general,  special
 or  local  law or administrative code to the contrary, in any city which
 heretofore or hereafter is authorized  to  establish  an  administrative
 tribunal to hear and determine complaints of traffic infractions consti-
 tuting  parking,  standing  or stopping violations, or to adjudicate the
 liability of owners for violations of subdivision (d) of section  eleven
 hundred eleven of this chapter in accordance with section eleven hundred
 eleven-a  of  this chapter, or to adjudicate the liability of owners for
 violations of subdivision (d) of section eleven hundred eleven  of  this
 chapter  in  accordance  with  sections  eleven hundred eleven-b of this
 chapter [as added by sections sixteen of chapters twenty, and twenty-two
 of the laws of two thousand nine,] or to  adjudicate  the  liability  of
 owners for violations of subdivision (d) of section eleven hundred elev-
 en of this chapter in accordance with section eleven hundred eleven-d of
 this chapter, or to adjudicate the liability of owners for violations of
 section  eleven  hundred seventy-four of this chapter in accordance with
 section eleven hundred seventy-four-a of this chapter, or to  adjudicate
 the  liability  of  owners  for violations of subdivision (d) of section
 eleven hundred eleven of this chapter in accordance with section  eleven
 hundred  eleven-e  of  this  chapter,  or to adjudicate the liability of
 owners for violations of toll collection regulations as defined  in  and
 in  accordance  with the provisions of section two thousand nine hundred
 eighty-five of  the  public  authorities  law  and  sections  sixteen-a,
 sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
 laws of nineteen hundred fifty, or to adjudicate liability of owners  in
 accordance  with  section  eleven  hundred  eleven-c of this chapter for
 violations of bus lane restrictions as defined in subdivision (b),  (c),
 (d),  (f)  or  (g)  of  such  section, or to adjudicate the liability of
 owners for violations of section eleven hundred eighty of  this  chapter
 in  accordance  with section eleven hundred eighty-b of this chapter, or
 to adjudicate the liability of owners for violations of  section  eleven
 hundred eighty of this chapter in accordance with section eleven hundred
 eighty-d  of  this chapter, OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR
 VIOLATIONS OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER  IN  ACCORD-
 ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, such tribunal
 and the rules and regulations pertaining thereto shall be constituted in
 substantial conformance with the following sections.
   § 1-a. Subdivision 1 of section 235 of the vehicle and traffic law, as
 amended  by  section 1 of chapter 145 of the laws of 2019, is amended to
 read as follows:
   1. Notwithstanding any inconsistent provision of any general,  special
 or  local  law or administrative code to the contrary, in any city which
 heretofore or hereafter is authorized  to  establish  an  administrative
 tribunal to hear and determine complaints of traffic infractions consti-
 tuting  parking,  standing  or stopping violations, or to adjudicate the
 liability of owners for violations of subdivision (d) of section  eleven
 hundred eleven of this chapter in accordance with section eleven hundred
 eleven-a  of  this chapter, or to adjudicate the liability of owners for
 violations of subdivision (d) of section eleven hundred eleven  of  this
 chapter  in  accordance  with  sections  eleven hundred eleven-b of this
 chapter as added by sections sixteen of chapters twenty, and  twenty-two
 of  the  laws  of  two  thousand nine, or to adjudicate the liability of
 owners for violations of subdivision (d) of section eleven hundred elev-
 en of this chapter in accordance with section eleven hundred eleven-d of
 this chapter, or to adjudicate the liability of owners for violations of
 section eleven hundred seventy-four of this chapter in  accordance  with

 S. 2508--B                         13

 section  eleven hundred seventy-four-a of this chapter, or to adjudicate
 the liability of owners for violations of  subdivision  (d)  of  section
 eleven  hundred eleven of this chapter in accordance with section eleven
 hundred  eleven-e  of  this  chapter,  or to adjudicate the liability of
 owners for violations of toll collection regulations as defined  in  and
 in  accordance  with the provisions of section two thousand nine hundred
 eighty-five of  the  public  authorities  law  and  sections  sixteen-a,
 sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
 laws of nineteen hundred fifty, or to adjudicate liability of owners  in
 accordance  with  section  eleven  hundred  eleven-c of this chapter for
 violations of bus lane restrictions as defined in subdivision (b),  (c),
 (d),  (f)  or  (g)  of  such  section, or to adjudicate the liability of
 owners for violations of section eleven hundred eighty of  this  chapter
 in  accordance  with section eleven hundred eighty-b of this chapter, OR
 TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF  SECTION  ELEVEN
 HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
 EIGHTY-E  OF  THIS  CHAPTER, such tribunal and the rules and regulations
 pertaining thereto shall be constituted in substantial conformance  with
 the following sections.
   §  1-b.  Section  235  of  the  vehicle and traffic law, as separately
 amended by sections 1-a of chapters 145 and 148 of the laws of 2019,  is
 amended to read as follows:
   § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
 general, special or local law or administrative code to the contrary, in
 any  city  which  heretofore  or hereafter is authorized to establish an
 administrative tribunal to hear  and  determine  complaints  of  traffic
 infractions constituting parking, standing or stopping violations, or to
 adjudicate  the liability of owners for violations of subdivision (d) of
 section eleven hundred eleven of this chapter in accordance with section
 eleven hundred eleven-a of this chapter, or to adjudicate the  liability
 of  owners  for  violations of subdivision (d) of section eleven hundred
 eleven of this  chapter  in  accordance  with  sections  eleven  hundred
 eleven-b  of this chapter as added by sections sixteen of chapters twen-
 ty, and twenty-two of the laws of two thousand nine,  or  to  adjudicate
 the  liability  of  owners  for violations of subdivision (d) of section
 eleven hundred eleven of this chapter in accordance with section  eleven
 hundred  eleven-d  of  this  chapter,  or to adjudicate the liability of
 owners for violations of subdivision (d) of section eleven hundred elev-
 en of this chapter in accordance with section eleven hundred eleven-e of
 this chapter, or to adjudicate the liability of owners for violations of
 section eleven hundred seventy-four of this chapter in  accordance  with
 section  eleven hundred seventy-four-a of this chapter, or to adjudicate
 the liability of owners for violations of toll collection regulations as
 defined in and in accordance with the provisions of section two thousand
 nine hundred eighty-five of the  public  authorities  law  and  sections
 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
 of  the  laws  of  nineteen hundred fifty, or to adjudicate liability of
 owners in accordance with section eleven hundred eleven-c of this  chap-
 ter  for violations of bus lane restrictions as defined in such section,
 or to adjudicate the liability of owners for violations  of  subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter  in accordance with section eleven hundred eighty-b of this chapter,
 or to adjudicate the liability of owners for violations  of  subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter  in accordance with section eleven hundred eighty-d of this chapter,
 OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS  OF  SUBDIVISION

 S. 2508--B                         14
 
 (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
 ACCORDANCE  WITH  SECTION  ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, such
 tribunal and the rules  and  regulations  pertaining  thereto  shall  be
 constituted in substantial conformance with the following sections.
   §  1-c.  Section  235  of  the  vehicle and traffic law, as separately
 amended by sections 1-b of chapters 145 and 148 of the laws of 2019,  is
 amended to read as follows:
   § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
 general, special or local law or administrative code to the contrary, in
 any  city  which  heretofore  or hereafter is authorized to establish an
 administrative tribunal to hear  and  determine  complaints  of  traffic
 infractions constituting parking, standing or stopping violations, or to
 adjudicate  the liability of owners for violations of subdivision (d) of
 section eleven  hundred  eleven  of  this  chapter  in  accordance  with
 sections  eleven  hundred  eleven-b of this chapter as added by sections
 sixteen of chapters twenty, and twenty-two of the laws of  two  thousand
 nine,  or to adjudicate the liability of owners for violations of subdi-
 vision (d) of section eleven hundred eleven of this chapter  in  accord-
 ance with section eleven hundred eleven-d of this chapter, or to adjudi-
 cate  the  liability  of  owners  for  violations  of subdivision (d) of
 section eleven hundred eleven of this chapter in accordance with section
 eleven hundred eleven-e of this chapter, or to adjudicate the  liability
 of  owners for violations of section eleven hundred seventy-four of this
 chapter in accordance with section eleven hundred seventy-four-a of this
 chapter, or to adjudicate the liability of owners for violations of toll
 collection  regulations  as  defined  in  and  in  accordance  with  the
 provisions  of  section  two  thousand  nine  hundred eighty-five of the
 public authorities law and sections sixteen-a, sixteen-b  and  sixteen-c
 of  chapter  seven  hundred seventy-four of the laws of nineteen hundred
 fifty, or to adjudicate liability of owners in accordance  with  section
 eleven  hundred  eleven-c  of  this  chapter  for violations of bus lane
 restrictions as defined in such section, or to adjudicate the  liability
 of  owners  for  violations  of subdivision (b), (c), (d), (f) or (g) of
 section eleven hundred eighty of this chapter in accordance with section
 eleven hundred eighty-b of this chapter, or to adjudicate the  liability
 of  owners  for  violations  of subdivision (b), (c), (d), (f) or (g) of
 section eleven hundred eighty of this chapter in accordance with section
 eleven hundred eighty-d of this chapter, OR TO ADJUDICATE THE  LIABILITY
 OF  OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION
 ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION  ELEVEN
 HUNDRED  EIGHTY-E OF THIS CHAPTER, such tribunal and the rules and regu-
 lations pertaining thereto shall be constituted in substantial  conform-
 ance with the following sections.
   §  1-d.  Section  235  of  the  vehicle and traffic law, as separately
 amended by sections 1-c of chapters 145 and 148 of the laws of 2019,  is
 amended to read as follows:
   § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
 general, special or local law or administrative code to the contrary, in
 any  city  which  heretofore  or hereafter is authorized to establish an
 administrative tribunal to hear  and  determine  complaints  of  traffic
 infractions constituting parking, standing or stopping violations, or to
 adjudicate  the liability of owners for violations of subdivision (d) of
 section eleven hundred eleven of this chapter in accordance with section
 eleven hundred eleven-d of this chapter, or to adjudicate the  liability
 of  owners  for  violations of subdivision (d) of section eleven hundred
 eleven of  this  chapter  in  accordance  with  section  eleven  hundred

 S. 2508--B                         15
 
 eleven-e  of  this chapter, or to adjudicate the liability of owners for
 violations of section eleven hundred seventy-four  of  this  chapter  in
 accordance  with  section eleven hundred seventy-four-a of this chapter,
 or  to  adjudicate  the  liability  of  owners  for  violations  of toll
 collection  regulations  as  defined  in  and  in  accordance  with  the
 provisions  of  section  two  thousand  nine  hundred eighty-five of the
 public authorities law and sections sixteen-a, sixteen-b  and  sixteen-c
 of  chapter  seven  hundred seventy-four of the laws of nineteen hundred
 fifty, or to adjudicate liability of owners in accordance  with  section
 eleven  hundred  eleven-c  of  this  chapter  for violations of bus lane
 restrictions as defined in such section, or to adjudicate the  liability
 of  owners  for  violations  of subdivision (b), (c), (d), (f) or (g) of
 section eleven hundred eighty of this chapter in accordance with section
 eleven hundred eighty-b of this chapter, or to adjudicate the  liability
 of  owners  for  violations  of subdivision (b), (c), (d), (f) or (g) of
 section eleven hundred eighty of this chapter in accordance with section
 eleven hundred eighty-d of this chapter, OR TO ADJUDICATE THE  LIABILITY
 OF  OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION
 ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION  ELEVEN
 HUNDRED  EIGHTY-E OF THIS CHAPTER, such tribunal and the rules and regu-
 lations pertaining thereto shall be constituted in substantial  conform-
 ance with the following sections.
   §  1-e.  Section  235  of  the  vehicle and traffic law, as separately
 amended by sections 1-d of chapters 145 and 148 of the laws of 2019,  is
 amended to read as follows:
   § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
 general, special or local law or administrative code to the contrary, in
 any  city  which  heretofore  or hereafter is authorized to establish an
 administrative tribunal to hear  and  determine  complaints  of  traffic
 infractions constituting parking, standing or stopping violations, or to
 adjudicate  the liability of owners for violations of subdivision (d) of
 section eleven hundred eleven of this chapter in accordance with section
 eleven hundred eleven-d of this chapter, or to adjudicate the  liability
 of  owners  for  violations of subdivision (d) of section eleven hundred
 eleven of  this  chapter  in  accordance  with  section  eleven  hundred
 eleven-e  of  this chapter, or to adjudicate the liability of owners for
 violations of section eleven hundred seventy-four  of  this  chapter  in
 accordance  with  section eleven hundred seventy-four-a of this chapter,
 or to  adjudicate  the  liability  of  owners  for  violations  of  toll
 collection  regulations  as  defined  in  and  in  accordance  with  the
 provisions of section two  thousand  nine  hundred  eighty-five  of  the
 public  authorities  law and sections sixteen-a, sixteen-b and sixteen-c
 of chapter seven hundred seventy-four of the laws  of  nineteen  hundred
 fifty,  or  to adjudicate liability of owners for violations of subdivi-
 sions (c) and (d) of section eleven hundred eighty of  this  chapter  in
 accordance  with  section eleven hundred eighty-b of this chapter, or to
 adjudicate the liability of owners for violations  of  subdivision  (b),
 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
 accordance  with  section eleven hundred eighty-d of this chapter, OR TO
 ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS  OF  SUBDIVISION  (B),
 (D),  (F)  OR  (G)  OF  SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
 ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF  THIS  CHAPTER,  such
 tribunal  and  the  rules  and  regulations  pertaining thereto shall be
 constituted in substantial conformance with the following sections.

 S. 2508--B                         16
 
   § 1-f. Section 235 of the  vehicle  and  traffic  law,  as  separately
 amended  by sections 1-e of chapters 145 and 148 of the laws of 2019, is
 amended to read as follows:
   § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
 general, special or local law or administrative code to the contrary, in
 any  city  which  heretofore  or hereafter is authorized to establish an
 administrative tribunal to hear  and  determine  complaints  of  traffic
 infractions constituting parking, standing or stopping violations, or to
 adjudicate  the liability of owners for violations of subdivision (d) of
 section eleven hundred eleven of this chapter in accordance with section
 eleven hundred eleven-d of this chapter, or to adjudicate the  liability
 of  owners  for  violations of subdivision (d) of section eleven hundred
 eleven of  this  chapter  in  accordance  with  section  eleven  hundred
 eleven-e  of  this chapter, or to adjudicate the liability of owners for
 violations of section eleven hundred seventy-four  of  this  chapter  in
 accordance  with  section eleven hundred seventy-four-a of this chapter,
 or to  adjudicate  the  liability  of  owners  for  violations  of  toll
 collection  regulations  as  defined  in  and  in  accordance  with  the
 provisions of section two  thousand  nine  hundred  eighty-five  of  the
 public  authorities  law and sections sixteen-a, sixteen-b and sixteen-c
 of chapter seven hundred seventy-four of the laws  of  nineteen  hundred
 fifty, or to adjudicate the liability of owners for violations of subdi-
 vision  (b),  (c),  (d),  (f) or (g) of section eleven hundred eighty of
 this chapter in accordance with section eleven hundred eighty-d of  this
 chapter,  OR  TO  ADJUDICATE  THE  LIABILITY OF OWNERS FOR VIOLATIONS OF
 SUBDIVISION (B), (D), (F) OR (G) OF SECTION  ELEVEN  HUNDRED  EIGHTY  OF
 THIS  CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS
 CHAPTER, such tribunal and the rules and regulations pertaining  thereto
 shall  be  constituted  in  substantial  conformance  with the following
 sections.
   § 1-g. Section 235 of the  vehicle  and  traffic  law,  as  separately
 amended  by sections 1-f of chapters 145 and 148 of the laws of 2019, is
 amended to read as follows:
   § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
 general, special or local law or administrative code to the contrary, in
 any city which heretofore or hereafter is  authorized  to  establish  an
 administrative  tribunal  to  hear  and  determine complaints of traffic
 infractions constituting parking, standing or stopping violations, or to
 adjudicate the liability of owners for violations of subdivision (d)  of
 section eleven hundred eleven of this chapter in accordance with section
 eleven  hundred eleven-e of this chapter, or to adjudicate the liability
 of owners for violations of section eleven hundred seventy-four of  this
 chapter in accordance with section eleven hundred seventy-four-a of this
 chapter, or to adjudicate the liability of owners for violations of toll
 collection  regulations  as  defined  in  and  in  accordance  with  the
 provisions of section two  thousand  nine  hundred  eighty-five  of  the
 public  authorities  law and sections sixteen-a, sixteen-b and sixteen-c
 of chapter seven hundred seventy-four of the laws  of  nineteen  hundred
 fifty, or to adjudicate the liability of owners for violations of subdi-
 vision  (b),  (c),  (d),  (f) or (g) of section eleven hundred eighty of
 this chapter in accordance with section eleven hundred eighty-d of  this
 chapter,  OR  TO  ADJUDICATE  THE  LIABILITY OF OWNERS FOR VIOLATIONS OF
 SUBDIVISION (B), (D), (F) OR (G) OF SECTION  ELEVEN  HUNDRED  EIGHTY  OF
 THIS  CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS
 CHAPTER, such tribunal and the rules and regulations pertaining  thereto

 S. 2508--B                         17

 shall  be  constituted  in  substantial  conformance  with the following
 sections.
   §  1-h.  Section  235  of  the  vehicle and traffic law, as separately
 amended by sections 1-g of chapters 145 and 148 of the laws of 2019,  is
 amended to read as follows:
   § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
 general, special or local law or administrative code to the contrary, in
 any  city  which  heretofore  or hereafter is authorized to establish an
 administrative tribunal to hear  and  determine  complaints  of  traffic
 infractions constituting parking, standing or stopping violations, or to
 adjudicate  the  liability  of  owners  for violations of section eleven
 hundred seventy-four of this chapter in accordance with  section  eleven
 hundred  seventy-four-a  of this chapter, or to adjudicate the liability
 of owners for violations of toll collection regulations  as  defined  in
 and  in  accordance  with  the  provisions  of section two thousand nine
 hundred  eighty-five  of  the  public  authorities  law   and   sections
 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
 of the laws of nineteen hundred fifty, or to adjudicate the liability of
 owners  for  violations  of  subdivision  (b),  (c),  (d), (f) or (g) of
 section eleven hundred eighty of this chapter in accordance with section
 eleven hundred eighty-d of this chapter, OR TO ADJUDICATE THE  LIABILITY
 OF  OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION
 ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION  ELEVEN
 HUNDRED  EIGHTY-E OF THIS CHAPTER, such tribunal and the rules and regu-
 lations pertaining thereto shall be constituted in substantial  conform-
 ance with the following sections.
   §  1-i.  Section  235  of  the  vehicle and traffic law, as separately
 amended by chapter 715 of the laws of 1972 and chapter 379 of  the  laws
 of 1992, is amended to read as follows:
   § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
 general, special or local law or administrative code to the contrary, in
 any  city  which  heretofore  or hereafter is authorized to establish an
 administrative tribunal to hear  and  determine  complaints  of  traffic
 infractions constituting parking, standing or stopping violations, or to
 adjudicate  the  liability  of  owners for violations of toll collection
 regulations as defined in and  in  accordance  with  the  provisions  of
 section  two thousand nine hundred eighty-five of the public authorities
 law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
 hundred  seventy-four of the laws of nineteen hundred fifty, OR TO ADJU-
 DICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION  (B),  (D),
 (F)  OR  (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORD-
 ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, such tribunal
 and the rules and regulations pertaining thereto shall be constituted in
 substantial conformance with the following sections.
   § 2. Subdivision 1 of section 236 of the vehicle and traffic  law,  as
 separately  amended by sections 2 of chapters 145 and 148 of the laws of
 2019, is amended to read as follows:
   1. Creation. In any city as hereinbefore or hereafter authorized  such
 tribunal  when  created  shall be known as the parking violations bureau
 and shall have jurisdiction of traffic infractions  which  constitute  a
 parking violation and, where authorized by local law adopted pursuant to
 subdivision  (a)  of  section eleven hundred eleven-a of this chapter or
 subdivisions (a) of sections eleven hundred eleven-b of this chapter  as
 added by sections sixteen of chapters twenty, and twenty-two of the laws
 of  two  thousand  nine,  or  subdivision  (a) of section eleven hundred
 eleven-d of this chapter, or subdivision (a) of section  eleven  hundred

 S. 2508--B                         18
 
 eleven-e  of  this chapter, or subdivision (a) of section eleven hundred
 seventy-four-a of this chapter, shall adjudicate the liability of owners
 for violations of subdivision (d) of section eleven  hundred  eleven  of
 this  chapter  in  accordance with such section eleven hundred eleven-a,
 sections eleven hundred eleven-b as added by sections sixteen  of  chap-
 ters twenty, and twenty-two of the laws of two thousand nine, or section
 eleven  hundred  eleven-d  or  section eleven hundred eleven-e and shall
 adjudicate the liability of owners for  violations  of  toll  collection
 regulations  as  defined  in  and  in  accordance with the provisions of
 section two thousand nine hundred eighty-five of the public  authorities
 law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter seven
 hundred seventy-four of the laws of nineteen  hundred  fifty  and  shall
 adjudicate liability of owners in accordance with section eleven hundred
 eleven-c  of  this  chapter  for  violations of bus lane restrictions as
 defined in such section and shall  adjudicate  liability  of  owners  in
 accordance  with  section  eleven hundred seventy-four-a of this chapter
 for violations of section eleven hundred seventy-four  of  this  chapter
 and  shall adjudicate the liability of owners for violations of subdivi-
 sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of  this
 chapter in accordance with section eleven hundred eighty-b of this chap-
 ter  and  shall  adjudicate  the  liability  of owners for violations of
 subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
 of  this  chapter  in accordance with section eleven hundred eighty-d of
 this  chapter,  AND  SHALL  ADJUDICATE  THE  LIABILITY  OF  OWNERS   FOR
 VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
 EIGHTY  OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
 Y-E OF THIS CHAPTER.  Such tribunal, except in a city with a  population
 of  one million or more, shall also have jurisdiction of abandoned vehi-
 cle violations. For the purposes of this article, a parking violation is
 the violation of any law, rule or regulation providing for or regulating
 the parking, stopping or standing of a vehicle. In addition for purposes
 of this article, "commissioner" shall mean and include the  commissioner
 of  traffic  of  the  city or an official possessing authority as such a
 commissioner.
   § 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
 amended by section 2 of chapter 145 of the laws of 2019, is  amended  to
 read as follows:
   1.  Creation. In any city as hereinbefore or hereafter authorized such
 tribunal when created shall be known as the  parking  violations  bureau
 and  shall  have  jurisdiction of traffic infractions which constitute a
 parking violation and, where authorized by local law adopted pursuant to
 subdivision (a) of section eleven hundred eleven-a of  this  chapter  or
 subdivisions  (a) of sections eleven hundred eleven-b of this chapter as
 added by sections sixteen of chapters twenty, and twenty-two of the laws
 of two thousand nine, or  subdivision  (a)  of  section  eleven  hundred
 eleven-d  of  this chapter, or subdivision (a) of section eleven hundred
 eleven-e of this chapter, or subdivision (a) of section  eleven  hundred
 seventy-four-a of this chapter, shall adjudicate the liability of owners
 for  violations  of  subdivision (d) of section eleven hundred eleven of
 this chapter in accordance with such section  eleven  hundred  eleven-a,
 sections  eleven  hundred eleven-b as added by sections sixteen of chap-
 ters twenty, and twenty-two of the laws of two thousand nine, or section
 eleven hundred eleven-d or section eleven  hundred  eleven-e  and  shall
 adjudicate  the  liability  of  owners for violations of toll collection
 regulations as defined in and  in  accordance  with  the  provisions  of
 section  two thousand nine hundred eighty-five of the public authorities

 S. 2508--B                         19
 
 law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
 hundred  seventy-four  of  the  laws of nineteen hundred fifty and shall
 adjudicate liability of owners in accordance with section eleven hundred
 eleven-c  of  this  chapter  for  violations of bus lane restrictions as
 defined in such section and shall  adjudicate  liability  of  owners  in
 accordance  with  section  eleven hundred seventy-four-a of this chapter
 for violations of section eleven hundred seventy-four  of  this  chapter
 and  shall adjudicate the liability of owners for violations of subdivi-
 sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of  this
 chapter in accordance with section eleven hundred eighty-b of this chap-
 ter,  AND  SHALL  ADJUDICATE  THE  LIABILITY OF OWNERS FOR VIOLATIONS OF
 SUBDIVISION (B), (D), (F) OR (G) OF SECTION  ELEVEN  HUNDRED  EIGHTY  OF
 THIS  CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS
 CHAPTER.   Such tribunal, except in a city  with  a  population  of  one
 million  or  more,  shall  also  have  jurisdiction of abandoned vehicle
 violations. For the purposes of this article, a parking violation is the
 violation of any law, rule or regulation providing for or regulating the
 parking, stopping or standing of a vehicle. In addition for purposes  of
 this  article, "commissioner" shall mean and include the commissioner of
 traffic of the city or  an  official  possessing  authority  as  such  a
 commissioner.
   § 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
 separately  amended  by sections 2-a of chapters 145 and 148 of the laws
 of 2019, is amended to read as follows:
   1. Creation. In any city as hereinbefore or hereafter authorized  such
 tribunal  when  created  shall be known as the parking violations bureau
 and shall have jurisdiction of traffic infractions  which  constitute  a
 parking violation and, where authorized by local law adopted pursuant to
 subdivisions  (a) of sections eleven hundred eleven-b of this chapter as
 added by sections sixteen of chapters twenty, and twenty-two of the laws
 of two thousand nine, or  subdivision  (a)  of  section  eleven  hundred
 eleven-d  of  this chapter, or subdivision (a) of section eleven hundred
 eleven-e of this chapter, or subdivision (a) of section  eleven  hundred
 seventy-four-a of this chapter, shall adjudicate the liability of owners
 for  violations  of  subdivision (d) of section eleven hundred eleven of
 this chapter in accordance with such sections eleven hundred eleven-b as
 added by sections sixteen of chapters twenty, and twenty-two of the laws
 of two thousand nine or section eleven hundred eleven-d or section elev-
 en hundred eleven-e; and shall adjudicate liability of owners in accord-
 ance with section eleven hundred eleven-c of this chapter for violations
 of bus lane restrictions as defined in such section and shall adjudicate
 liability of owners in accordance with section eleven  hundred  seventy-
 four-a  of  this chapter for violations of section eleven hundred seven-
 ty-four of this chapter and shall adjudicate  liability  of  owners  for
 violations  of subdivisions (c) and (d) of section eleven hundred eighty
 of this chapter in accordance with section eleven  hundred  eighty-b  of
 this chapter and shall adjudicate the liability of owners for violations
 of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
 eighty of this chapter in accordance with section eleven hundred  eight-
 y-d  of  this  chapter,  SHALL  ADJUDICATE  THE  LIABILITY OF OWNERS FOR
 VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
 EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED  EIGHT-
 Y-E  OF  THIS  CHAPTER.    For  the  purposes of this article, a parking
 violation is the violation of any law, rule or regulation providing  for
 or  regulating  the parking, stopping or standing of a vehicle. In addi-
 tion for purposes of this article, "commissioner" shall mean and include

 S. 2508--B                         20
 
 the commissioner of traffic  of  the  city  or  an  official  possessing
 authority as such a commissioner.
   § 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as
 separately  amended  by sections 2-b of chapters 145 and 148 of the laws
 of 2019, is amended to read as follows:
   1. Creation. In any city as hereinbefore or hereafter authorized  such
 tribunal  when  created  shall be known as the parking violations bureau
 and shall have jurisdiction of traffic infractions  which  constitute  a
 parking violation and, where authorized by local law adopted pursuant to
 subdivision (a) of section eleven hundred eleven-d or subdivision (a) of
 section  eleven  hundred eleven-e of this chapter, or subdivision (a) of
 section eleven hundred seventy-four-a of this chapter, shall  adjudicate
 liability  of  owners in accordance with section eleven hundred eleven-c
 of this chapter for violations of bus lane restrictions  as  defined  in
 such   section;  and  shall  adjudicate  the  liability  of  owners  for
 violations of subdivision (b), (c), (d), (f) or (g)  of  section  eleven
 hundred eighty of this chapter in accordance with section eleven hundred
 eighty-b  of  this chapter; and shall adjudicate the liability of owners
 for violations of subdivision (b), (d), (f) or  (g)  of  section  eleven
 hundred eighty of this chapter in accordance with section eleven hundred
 eighty-d  of  this chapter, AND SHALL ADJUDICATE THE LIABILITY OF OWNERS
 FOR VIOLATIONS OF SUBDIVISION (B), (D), (F) OR  (G)  OF  SECTION  ELEVEN
 HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
 EIGHTY-E  OF  THIS CHAPTER.  For the purposes of this article, a parking
 violation is the violation of any law, rule or regulation providing  for
 or  regulating  the parking, stopping or standing of a vehicle. In addi-
 tion for purposes of this article, "commissioner" shall mean and include
 the commissioner of traffic  of  the  city  or  an  official  possessing
 authority as such a commissioner.
   § 2-d. Subdivision 1 of section 236 of the vehicle and traffic law, as
 separately  amended  by sections 2-c of chapters 145 and 148 of the laws
 of 2019, is amended to read as follows:
   1. Creation. In any city as hereinbefore or hereafter authorized  such
 tribunal  when  created  shall be known as the parking violations bureau
 and, where authorized by local law adopted pursuant to  subdivision  (a)
 of section eleven hundred eleven-d of this chapter or subdivision (a) of
 section  eleven  hundred eleven-e of this chapter, or subdivision (a) of
 section eleven hundred seventy-four-a of this chapter, shall have juris-
 diction of traffic infractions which constitute a parking violation  and
 shall  adjudicate  the liability of owners for violations of subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter in accordance with section eleven hundred eighty-b of  this  chapter
 and  shall adjudicate the liability of owners for violations of subdivi-
 sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of  this
 chapter in accordance with section eleven hundred eighty-d of this chap-
 ter,  AND  SHALL  ADJUDICATE  THE  LIABILITY OF OWNERS FOR VIOLATIONS OF
 SUBDIVISION (B), (D), (F) OR (G) OF SECTION  ELEVEN  HUNDRED  EIGHTY  OF
 THIS  CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS
 CHAPTER.  For the purposes of this article, a parking violation  is  the
 violation of any law, rule or regulation providing for or regulating the
 parking,  stopping or standing of a vehicle. In addition for purposes of
 this article, "commissioner" shall mean and include the commissioner  of
 traffic  of  the  city  or  an  official  possessing authority as such a
 commissioner.

 S. 2508--B                         21
 
   § 2-e. Subdivision 1 of section 236 of the vehicle and traffic law, as
 separately amended by sections 2-d of chapters 145 and 148 of  the  laws
 of 2019, is amended to read as follows:
   1.  Creation. In any city as hereinbefore or hereafter authorized such
 tribunal when created shall be known as the  parking  violations  bureau
 and,  where  authorized by local law adopted pursuant to subdivision (a)
 of section eleven hundred eleven-d of this chapter or subdivision (a) of
 section eleven hundred eleven-e of this chapter, or subdivision  (a)  of
 section eleven hundred seventy-four-a of this chapter, shall have juris-
 diction  of traffic infractions which constitute a parking violation and
 shall adjudicate the liability of owners for violations  of  subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter  in accordance with section eleven hundred eighty-d of this chapter,
 AND SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF  SUBDIVI-
 SION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
 TER  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER.
 For the purposes of this article, a parking violation is  the  violation
 of  any law, rule or regulation providing for or regulating the parking,
 stopping or standing of a vehicle. In  addition  for  purposes  of  this
 article, "commissioner" shall mean and include the commissioner of traf-
 fic  of  the  city or an official possessing authority as such a commis-
 sioner.
   § 2-f. Subdivision 1 of section 236 of the vehicle and traffic law, as
 separately amended by sections 2-e of chapters 145 and 148 of  the  laws
 of 2019, is amended to read as follows:
   1.  Creation. In any city as hereinbefore or hereafter authorized such
 tribunal when created shall be known as the  parking  violations  bureau
 and where authorized by local law adopted pursuant to subdivision (a) of
 section  eleven  hundred  eleven-e  or subdivision (a) of section eleven
 hundred seventy-four-a of this chapter, shall have jurisdiction of traf-
 fic infractions which constitute a parking violation and  shall  adjudi-
 cate  the  liability  of  owners for violations of subdivision (b), (c),
 (d), (f) or (g) of section eleven hundred  eighty  of  this  chapter  in
 accordance  with  section  eleven  hundred eighty-d of this chapter, AND
 SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS  OF  SUBDIVISION
 (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
 ACCORDANCE  WITH  SECTION  ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER.  For
 the purposes of this article, a parking violation is  the  violation  of
 any  law,  rule  or  regulation providing for or regulating the parking,
 stopping or standing of a vehicle. In  addition  for  purposes  of  this
 article, "commissioner" shall mean and include the commissioner of traf-
 fic  of  the  city or an official possessing authority as such a commis-
 sioner.
   § 2-g. Subdivision 1 of section 236 of the vehicle and traffic law, as
 separately amended by sections 2-f of chapters 145 and 148 of  the  laws
 of 2019, is amended to read as follows:
   1.  Creation. In any city as hereinbefore or hereafter authorized such
 tribunal when created shall be known as the  parking  violations  bureau
 and where authorized by local law adopted pursuant to subdivision (a) of
 section eleven hundred seventy-four-a of this chapter, shall have juris-
 diction  of traffic infractions which constitute a parking violation and
 shall adjudicate the liability of owners for violations  of  subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter  in accordance with section eleven hundred eighty-d of this chapter,
 AND SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF  SUBDIVI-
 SION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-

 S. 2508--B                         22
 
 TER  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER.
 For the purposes of this article, a parking violation is  the  violation
 of  any law, rule or regulation providing for or regulating the parking,
 stopping  or  standing  of  a  vehicle. In addition for purposes of this
 article, "commissioner" shall mean and include the commissioner of traf-
 fic of the city or an official possessing authority as  such  a  commis-
 sioner.
   § 2-h. Subdivision 1 of section 236 of the vehicle and traffic law, as
 added by chapter 715 of the laws of 1972, is amended to read as follows:
   1.  Creation. In any city as hereinbefore or hereafter authorized such
 tribunal when created shall be known as the  parking  violations  bureau
 and  shall  have  jurisdiction of traffic infractions which constitute a
 parking violation AND, WHERE AUTHORIZED BY LOCAL LAW ADOPTED PURSUANT TO
 SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER,  SHALL  ADJUDICATE  THE
 LIABILITY  OF  OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G)
 OF SECTION ELEVEN HUNDRED EIGHTY OF  THIS  CHAPTER  IN  ACCORDANCE  WITH
 SECTION  ELEVEN  HUNDRED  EIGHTY-E  OF THIS CHAPTER. For the purposes of
 this article, a parking violation is the violation of any law,  rule  or
 regulation providing for or regulating the parking, stopping or standing
 of  a  vehicle. In addition for purposes of this article, "commissioner"
 shall mean and include the commissioner of traffic of  the  city  or  an
 official possessing authority as such a commissioner.
   § 3. Section 237 of the vehicle and traffic law is amended by adding a
 new subdivision 17 to read as follows:
   17.  TO  ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI-
 SION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
 TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER.
   § 4. Paragraph f of subdivision 1 of section 239 of  the  vehicle  and
 traffic law, as separately amended by sections 4 of chapters 145 and 148
 of the laws of 2019, is amended to read as follows:
   f.  "Notice  of  violation"  means a notice of violation as defined in
 subdivision nine of section two hundred thirty-seven  of  this  article,
 but shall not be deemed to include a notice of liability issued pursuant
 to  authorization  set  forth in section eleven hundred eleven-a of this
 chapter, or sections eleven hundred eleven-b of this chapter as added by
 sections sixteen of chapters twenty, and twenty-two of the laws  of  two
 thousand  nine,  or  section eleven hundred eleven-d of this chapter, or
 section eleven hundred eleven-e  of  this  chapter,  or  section  eleven
 hundred  seventy-four-a  of  this  chapter,  and  shall not be deemed to
 include a notice of liability issued pursuant to  section  two  thousand
 nine  hundred  eighty-five  of  the  public authorities law and sections
 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
 of the laws of nineteen hundred fifty and shall not be deemed to include
 a notice of liability issued pursuant to section eleven hundred eleven-c
 of this chapter and shall not be deemed to include a notice of liability
 issued pursuant to section eleven hundred eighty-b of this  chapter  and
 shall  not be deemed to include a notice of liability issued pursuant to
 section eleven hundred eighty-d of this chapter AND SHALL NOT BE  DEEMED
 TO  INCLUDE  A  NOTICE  OF  LIABILITY  ISSUED PURSUANT TO SECTION ELEVEN
 HUNDRED EIGHTY-E OF THIS CHAPTER.
   § 4-a. Paragraph f of subdivision 1 of section 239 of the vehicle  and
 traffic law, as amended by section 4 of chapter 145 of the laws of 2019,
 is amended to read as follows:
   f.  "Notice  of  violation"  means a notice of violation as defined in
 subdivision nine of section two hundred thirty-seven  of  this  article,
 but shall not be deemed to include a notice of liability issued pursuant

 S. 2508--B                         23
 
 to  authorization  set  forth in section eleven hundred eleven-a of this
 chapter, or sections eleven hundred eleven-b of this chapter as added by
 sections sixteen of chapters twenty, and twenty-two of the laws  of  two
 thousand  nine,  or  section eleven hundred eleven-d of this chapter, or
 section eleven hundred eleven-e  of  this  chapter,  or  section  eleven
 hundred  seventy-four-a  of  this  chapter,  and  shall not be deemed to
 include a notice of liability issued pursuant to  section  two  thousand
 nine  hundred  eighty-five  of  the  public authorities law and sections
 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
 of the laws of nineteen hundred fifty and shall not be deemed to include
 a notice of liability issued pursuant to section eleven hundred eleven-c
 of this chapter and shall not be deemed to include a notice of liability
 issued pursuant to section eleven hundred eighty-b of this chapter,  AND
 SHALL  NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO
 SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER.
   § 4-b. Paragraph f of subdivision 1 of section 239 of the vehicle  and
 traffic  law,  as separately amended by sections 4-a of chapters 145 and
 148 of the laws of 2019, is amended to read as follows:
   f. "Notice of violation" means a notice of  violation  as  defined  in
 subdivision nine of section two hundred thirty-seven of this article but
 shall  not be deemed to include a notice of liability issued pursuant to
 authorization set forth in sections  eleven  hundred  eleven-b  of  this
 chapter  as added by sections sixteen of chapters twenty, and twenty-two
 of the laws of two thousand nine, or section eleven hundred eleven-d  of
 this  chapter,  or  section  eleven  hundred eleven-e of this chapter or
 section eleven hundred seventy-four-a of this chapter and shall  not  be
 deemed to include a notice of liability issued pursuant to section elev-
 en hundred eleven-c of this chapter and shall not be deemed to include a
 notice  of  liability issued pursuant to section eleven hundred eighty-b
 of this chapter and shall not be deemed to include a notice of liability
 issued pursuant to section eleven hundred eighty-d of this chapter,  AND
 SHALL  NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO
 SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER.
   § 4-c. Paragraph f of subdivision 1 of section 239 of the vehicle  and
 traffic  law,  as separately amended by sections 4-b of chapters 145 and
 148 of the laws of 2019, is amended to read as follows:
   f. "Notice of violation" means a notice of  violation  as  defined  in
 subdivision nine of section two hundred thirty-seven of this article and
 shall  not be deemed to include a notice of liability issued pursuant to
 authorization set forth in section eleven hundred eleven-d of this chap-
 ter or to a notice of liability issued  pursuant  to  authorization  set
 forth  in section eleven hundred eleven-e of this chapter or to a notice
 of liability issued pursuant to authorization set forth in section elev-
 en hundred seventy-four-a of this chapter and shall  not  be  deemed  to
 include  a notice of liability issued pursuant to section eleven hundred
 eleven-c of this chapter and shall not be deemed to include a notice  of
 liability  issued  pursuant  to  section eleven hundred eighty-b of this
 chapter and shall not be deemed to include a notice of liability  issued
 pursuant  to  section eleven hundred eighty-d of this chapter, AND SHALL
 NOT BE DEEMED TO INCLUDE  A  NOTICE  OF  LIABILITY  ISSUED  PURSUANT  TO
 SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER.
   §  4-d. Paragraph f of subdivision 1 of section 239 of the vehicle and
 traffic law, as separately amended by sections 4-c of chapters  145  and
 148 of the laws of 2019, is amended to read as follows:
   f.  "Notice  of  violation"  means a notice of violation as defined in
 subdivision nine of section two hundred thirty-seven of this article and

 S. 2508--B                         24
 
 shall not be deemed to include a notice of liability issued pursuant  to
 authorization set forth in section eleven hundred eleven-d of this chap-
 ter  or  to  a  notice of liability issued pursuant to authorization set
 forth  in section eleven hundred eleven-e of this chapter or to a notice
 of liability issued pursuant to authorization set forth in section elev-
 en hundred seventy-four-a of this chapter and shall  not  be  deemed  to
 include  a notice of liability issued pursuant to section eleven hundred
 eighty-b of this chapter and shall not be deemed to include a notice  of
 liability  issued  pursuant  to  section eleven hundred eighty-d of this
 chapter, AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED
 PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER.
   § 4-e. Paragraph f of subdivision 1 of section 239 of the vehicle  and
 traffic  law,  as separately amended by sections 4-d of chapters 145 and
 148 of the laws of 2019, is amended to read as follows:
   f. "Notice of violation" means a notice of  violation  as  defined  in
 subdivision nine of section two hundred thirty-seven of this article and
 shall  not be deemed to include a notice of liability issued pursuant to
 authorization set forth in section eleven hundred eleven-d of this chap-
 ter or to a notice of liability issued  pursuant  to  authorization  set
 forth  in section eleven hundred eleven-e of this chapter or to a notice
 of liability issued pursuant to authorization set forth in section elev-
 en hundred seventy-four-a of this chapter and shall  not  be  deemed  to
 include  a notice of liability issued pursuant to section eleven hundred
 eighty-d of this chapter, AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF
 LIABILITY ISSUED PURSUANT TO SECTION ELEVEN  HUNDRED  EIGHTY-E  OF  THIS
 CHAPTER.
   §  4-f. Paragraph f of subdivision 1 of section 239 of the vehicle and
 traffic law, as separately amended by sections 4-e of chapters  145  and
 148 of the laws of 2019, is amended to read as follows:
   f.  "Notice  of  violation"  means a notice of violation as defined in
 subdivision nine of section two hundred thirty-seven of this article and
 shall not be deemed to include a notice of liability issued pursuant  to
 authorization set forth in section eleven hundred eleven-e of this chap-
 ter  or  to  a  notice of liability issued pursuant to authorization set
 forth in section eleven hundred seventy-four-a of this chapter and shall
 not be deemed to include  a  notice  of  liability  issued  pursuant  to
 section eleven hundred eighty-d of this chapter, AND SHALL NOT BE DEEMED
 TO  INCLUDE  A  NOTICE  OF  LIABILITY  ISSUED PURSUANT TO SECTION ELEVEN
 HUNDRED EIGHTY-E OF THIS CHAPTER.
   § 4-g. Paragraph f of subdivision 1 of section 239 of the vehicle  and
 traffic  law,  as separately amended by sections 4-f of chapters 145 and
 148 of the laws of 2019, is amended to read as follows:
   f. "Notice of violation" means a notice of  violation  as  defined  in
 subdivision nine of section two hundred thirty-seven of this article and
 shall  not be deemed to include a notice of liability issued pursuant to
 authorization set forth in section eleven hundred seventy-four-a of this
 chapter and shall not be deemed to include a notice of liability  issued
 pursuant  to  section eleven hundred eighty-d of this chapter, AND SHALL
 NOT BE DEEMED TO INCLUDE  A  NOTICE  OF  LIABILITY  ISSUED  PURSUANT  TO
 SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER.
   §  4-h. Paragraph f of subdivision 1 of section 239 of the vehicle and
 traffic law, as added by chapter 180 of the laws of 1980, is amended  to
 read as follows:
   f.  "Notice  of  violation"  means a notice of violation as defined in
 subdivision nine of section two hundred thirty-seven  of  this  article,
 BUT SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT

 S. 2508--B                         25
 
 TO  AUTHORIZATION  SET  FORTH IN SECTION ELEVEN HUNDRED EIGHTY-E OF THIS
 CHAPTER.
   §  5. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
 law, as separately amended by sections 5 of chapters 145 and 148 of  the
 laws of 2019, are amended to read as follows:
   1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
 violation enters a plea of not guilty or a person alleged to  be  liable
 in  accordance  with  section eleven hundred eleven-a of this chapter or
 sections eleven hundred eleven-b of this chapter as  added  by  sections
 sixteen  of  chapters twenty, and twenty-two of the laws of two thousand
 nine or section eleven hundred eleven-d of this  chapter,    or  section
 eleven  hundred  eleven-e  of  this  chapter,  or section eleven hundred
 seventy-four-a of this chapter, for a violation of  subdivision  (d)  of
 section  eleven hundred eleven of this chapter contests such allegation,
 or a person alleged to be liable in accordance with  the  provisions  of
 section  two thousand nine hundred eighty-five of the public authorities
 law or sections sixteen-a, sixteen-b  and  sixteen-c  of  chapter  seven
 hundred  seventy-four of the laws of nineteen hundred fifty, or a person
 alleged to be liable in accordance with the provisions of section eleven
 hundred eleven-c  of  this  chapter  for  a  violation  of  a  bus  lane
 restriction  as  defined  in such section contests such allegation, or a
 person alleged to be liable in accordance with the provisions of section
 eleven hundred eighty-b of this chapter for a violation  of  subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter  contests  such  allegation,  or  a  person  alleged to be liable in
 accordance with the provisions of section  eleven  hundred  eighty-d  of
 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
 section  eleven hundred eighty of this chapter contests such allegation,
 OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH  THE  PROVISIONS  OF
 SECTION  ELEVEN  HUNDRED  EIGHTY-E  OF  THIS  CHAPTER FOR A VIOLATION OF
 SUBDIVISION (B), (D), (F) OR (G) OF SECTION  ELEVEN  HUNDRED  EIGHTY  OF
 THIS  CHAPTER  CONTESTS  SUCH  ALLEGATION  the  bureau shall advise such
 person personally by such form of first class mail as the  director  may
 direct  of  the date on which he or she must appear to answer the charge
 at a hearing. The form and content of such notice of  hearing  shall  be
 prescribed  by  the  director, and shall contain a warning to advise the
 person so pleading or contesting that failure  to  appear  on  the  date
 designated,  or  on  any  subsequent  adjourned date, shall be deemed an
 admission of liability, and that a default judgment may be entered ther-
 eon.
   1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
 entered, or the bureau has been notified that an allegation of liability
 in  accordance  with  section eleven hundred eleven-a of this chapter or
 sections eleven hundred eleven-b of this chapter [as added  by  sections
 sixteen  of  chapters twenty, and twenty-two of the laws of two thousand
 nine] or section eleven hundred eleven-d  of  this  chapter  or  section
 eleven hundred eleven-e of this chapter or section eleven hundred seven-
 ty-four-a  of  this  chapter or an allegation of liability in accordance
 with section two thousand nine hundred eighty-five of the public author-
 ities law or sections sixteen-a,  sixteen-b  and  sixteen-c  of  chapter
 seven  hundred  seventy-four of the laws of nineteen hundred fifty or an
 allegation of  liability  in  accordance  with  section  eleven  hundred
 eleven-c  of  this  chapter  or an allegation of liability in accordance
 with section eleven hundred eighty-b of this chapter or an allegation of
 liability in accordance with section eleven  hundred  eighty-d  of  this
 chapter, OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN

 S. 2508--B                         26
 
 HUNDRED  EIGHTY-E  OF  THIS CHAPTER is being contested, by a person in a
 timely fashion and a hearing upon the merits has been demanded, but  has
 not  yet  been  held,  the  bureau shall not issue any notice of fine or
 penalty to that person prior to the date of the hearing.
   §  5-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
 fic law, as amended by section 5 of chapter 145 of the laws of 2019, are
 amended to read as follows:
   1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
 violation  enters  a plea of not guilty or a person alleged to be liable
 in accordance with section eleven hundred eleven-a of  this  chapter  or
 sections  eleven  hundred  eleven-b of this chapter as added by sections
 sixteen of chapters twenty, and twenty-two of the laws of  two  thousand
 nine  or  section  eleven  hundred  eleven-d of this chapter, or section
 eleven hundred eleven-e of  this  chapter,  or  section  eleven  hundred
 seventy-four-a  of  this  chapter, for a violation of subdivision (d) of
 section eleven hundred eleven of this chapter contests such  allegation,
 or  a  person  alleged to be liable in accordance with the provisions of
 section two thousand nine hundred eighty-five of the public  authorities
 law  or  sections  sixteen-a,  sixteen-b  and sixteen-c of chapter seven
 hundred seventy-four of the laws of nineteen hundred fifty, or a  person
 alleged to be liable in accordance with the provisions of section eleven
 hundred  eleven-c  of  this  chapter  for  a  violation  of  a  bus lane
 restriction as defined in such section contests such  allegation,  or  a
 person alleged to be liable in accordance with the provisions of section
 eleven  hundred  eighty-b of this chapter for a violation of subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter contests such allegation, OR  A  PERSON  ALLEGED  TO  BE  LIABLE  IN
 ACCORDANCE  WITH  THE  PROVISIONS  OF SECTION ELEVEN HUNDRED EIGHTY-E OF
 THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B),  (D),  (F)  OR  (G)  OF
 SECTION  ELEVEN HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION,
 the bureau shall advise such person personally by  such  form  of  first
 class  mail  as  the  director may direct of the date on which he or she
 must appear to answer the charge at a hearing. The form and  content  of
 such  notice  of  hearing shall be prescribed by the director, and shall
 contain a warning to advise the person so pleading  or  contesting  that
 failure to appear on the date designated, or on any subsequent adjourned
 date,  shall  be  deemed  an  admission of liability, and that a default
 judgment may be entered thereon.
   1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
 entered, or the bureau has been notified that an allegation of liability
 in  accordance  with  section eleven hundred eleven-a of this chapter or
 sections eleven hundred eleven-b of this chapter as  added  by  sections
 sixteen  of  chapters twenty, and twenty-two of the laws of two thousand
 nine or section eleven hundred eleven-d of this chapter or section elev-
 en hundred eleven-e of this chapter or section eleven  hundred  seventy-
 four-a  of this chapter or an allegation of liability in accordance with
 section two thousand nine hundred eighty-five of the public  authorities
 law  or  sections  sixteen-a,  sixteen-b  and sixteen-c of chapter seven
 hundred seventy-four of the laws of nineteen hundred fifty or an allega-
 tion of liability in accordance with section eleven hundred eleven-c  of
 this  chapter  or  an allegation of liability in accordance with section
 eleven hundred eighty-b of this chapter, OR AN ALLEGATION  OF  LIABILITY
 IN  ACCORDANCE  WITH  SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER is
 being contested, by a person in a timely fashion and a hearing upon  the
 merits  has  been  demanded, but has not yet been held, the bureau shall

 S. 2508--B                         27
 
 not issue any notice of fine or penalty to that person prior to the date
 of the hearing.
   §  5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
 fic law, as separately amended by sections 5-a of chapters 145  and  148
 of the laws of 2019, are amended to read as follows:
   1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
 violation enters a plea of not guilty or a person alleged to  be  liable
 in  accordance  with sections eleven hundred eleven-b of this chapter as
 added by sections sixteen of chapters twenty, and twenty-two of the laws
 of two thousand nine or section eleven hundred eleven-d of this  chapter
 or  section  eleven  hundred  eleven-e of this chapter or section eleven
 hundred seventy-four-a of this chapter for a  violation  of  subdivision
 (d)  of  section  eleven  hundred  eleven  of  this chapter, or a person
 alleged to be liable in accordance with the provisions of section eleven
 hundred eleven-c  of  this  chapter  for  a  violation  of  a  bus  lane
 restriction  as  defined  in such section contests such allegation, or a
 person alleged to be liable in accordance with the provisions of section
 eleven hundred eighty-b of this chapter for  violations  of  subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter  contests  such  allegation,  or  a  person  alleged to be liable in
 accordance with the provisions of section  eleven  hundred  eighty-d  of
 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
 section  eleven hundred eighty of this chapter contests such allegation,
 OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH  THE  PROVISIONS  OF
 SECTION  ELEVEN  HUNDRED  EIGHTY-E  OF  THIS  CHAPTER FOR A VIOLATION OF
 SUBDIVISION (B), (D), (F) OR (G) OF SECTION  ELEVEN  HUNDRED  EIGHTY  OF
 THIS  CHAPTER  CONTESTS  SUCH  ALLEGATION,  the bureau shall advise such
 person personally by such form of first class mail as the  director  may
 direct  of  the date on which he or she must appear to answer the charge
 at a hearing. The form and content of such notice of  hearing  shall  be
 prescribed  by  the  director, and shall contain a warning to advise the
 person so pleading or contesting that failure  to  appear  on  the  date
 designated,  or  on  any  subsequent  adjourned date, shall be deemed an
 admission of liability, and that a default judgment may be entered ther-
 eon.
   1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
 entered, or the bureau has been notified that an allegation of liability
 in  accordance with sections eleven hundred eleven-b of this chapter, as
 added by sections sixteen of chapters twenty, and twenty-two of the laws
 of two thousand nine  or  in  accordance  with  section  eleven  hundred
 eleven-d  of  this chapter, or in accordance with section eleven hundred
 eleven-e of this chapter or section  eleven  hundred  seventy-four-a  of
 this  chapter  or  an allegation of liability in accordance with section
 eleven hundred eleven-c of this chapter or an allegation of liability in
 accordance with section eleven hundred eighty-b of this  chapter  or  an
 allegation of liability in accordance with section eleven hundred eight-
 y-d  of  this  chapter, OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH
 SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER is being contested, by a
 person in a timely fashion and  a  hearing  upon  the  merits  has  been
 demanded,  but  has  not  yet  been held, the bureau shall not issue any
 notice of fine or penalty to that person prior to the date of the  hear-
 ing.
   §  5-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
 fic law, as separately amended by sections 5-b of chapters 145  and  148
 of the laws of 2019, are amended to read as follows:

 S. 2508--B                         28
 
   1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
 violation enters a plea of not guilty or a person alleged to  be  liable
 in accordance with section eleven hundred eleven-d of this chapter or in
 accordance  with  section  eleven  hundred  eleven-e  of this chapter or
 section  eleven  hundred seventy-four-a of this chapter or in accordance
 with the provisions of section eleven hundred eleven-c of  this  chapter
 for  a  violation  of a bus lane restriction as defined in such section,
 contests such allegation, or a person alleged to be liable in accordance
 with the provisions of section eleven hundred eighty-b of  this  chapter
 for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
 en  hundred eighty of this chapter contests such allegation, or a person
 alleged to be liable in accordance with the provisions of section eleven
 hundred eighty-d of this chapter for a  violation  of  subdivision  (b),
 (c),  (d),  (f)  or (g) of section eleven hundred eighty of this chapter
 contests such allegation, OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE
 WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-E OF  THIS  CHAPTER
 FOR  A  VIOLATION  OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN
 HUNDRED EIGHTY OF THIS CHAPTER  CONTESTS  SUCH  ALLEGATION,  the  bureau
 shall  advise such person personally by such form of first class mail as
 the director may direct of the date on which he or she  must  appear  to
 answer  the  charge at a hearing. The form and content of such notice of
 hearing shall be prescribed by the director, and shall contain a warning
 to advise the person so pleading that failure  to  appear  on  the  date
 designated,  or  on  any  subsequent  adjourned date, shall be deemed an
 admission of liability, and that a default judgment may be entered ther-
 eon.
   1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
 entered, or the bureau has been notified that an allegation of liability
 in accordance with section eleven hundred eleven-d of this chapter or in
 accordance  with  section  eleven  hundred  eleven-e  of this chapter or
 section eleven hundred seventy-four-a of this chapter or  in  accordance
 with section eleven hundred eleven-c of this chapter or an allegation of
 liability  in  accordance  with  section eleven hundred eighty-b of this
 chapter or an allegation of liability in accordance with section  eleven
 hundred  eighty-d  of  this  chapter,  OR  AN ALLEGATION OF LIABILITY IN
 ACCORDANCE WITH SECTION ELEVEN HUNDRED  EIGHTY-E  OF  THIS  CHAPTER,  is
 being  contested, by a person in a timely fashion and a hearing upon the
 merits has been demanded, but has not yet been held,  the  bureau  shall
 not issue any notice of fine or penalty to that person prior to the date
 of the hearing.
   §  5-d. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
 fic law, as separately amended by sections 5-c of chapters 145  and  148
 of the laws of 2019, are amended to read as follows:
   1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
 violation enters a plea of not guilty, or a person alleged to be  liable
 in accordance with section eleven hundred eleven-d of this chapter, or a
 person  alleged  to  be liable in accordance with section eleven hundred
 eleven-e of this chapter, or a person alleged to be liable in accordance
 with section eleven hundred seventy-four-a of this chapter, or a  person
 alleged to be liable in accordance with the provisions of section eleven
 hundred eighty-b of this chapter for violations of subdivision (b), (c),
 (d),  (f)  or  (g)  of  section  eleven  hundred  eighty of this chapter
 contests such allegation, or a person alleged to be liable in accordance
 with the provisions of section eleven hundred eighty-d of  this  chapter
 for  a  violation  of  subdivision  (b), (c), (d), (f) or (g) of section
 eleven hundred eighty of this chapter contests  such  allegation,  OR  A

 S. 2508--B                         29
 
 PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION
 ELEVEN  HUNDRED  EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION
 (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY  OF  THIS  CHAPTER
 CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally
 by  such form of first class mail as the director may direct of the date
 on which he or she must appear to answer the charge at  a  hearing.  The
 form  and  content  of such notice of hearing shall be prescribed by the
 director, and shall contain a warning to advise the person  so  pleading
 that  failure  to  appear  on  the date designated, or on any subsequent
 adjourned date, shall be deemed an admission of liability,  and  that  a
 default judgment may be entered thereon.
   1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
 entered, or the bureau has been notified that an allegation of liability
 in accordance with section eleven hundred eleven-d of this  chapter,  or
 the  bureau has been notified that an allegation of liability in accord-
 ance with section eleven hundred eleven-e of this chapter, or the bureau
 has been notified that an allegation of  liability  in  accordance  with
 section eleven hundred seventy-four-a of this chapter, or the bureau has
 been notified that an allegation of liability in accordance with section
 eleven  hundred  eighty-b of this chapter, or an allegation of liability
 in accordance with section eleven hundred eighty-d of this  chapter,  OR
 AN  ALLEGATION  OF  LIABILITY  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
 EIGHTY-E OF THIS CHAPTER is being contested, by a  person  in  a  timely
 fashion and a hearing upon the merits has been demanded, but has not yet
 been  held,  the bureau shall not issue any notice of fine or penalty to
 that person prior to the date of the hearing.
   § 5-e. Subdivisions 1 and 1-a of section 240 of the vehicle and  traf-
 fic  law,  as separately amended by sections 5-d of chapters 145 and 148
 of the laws of 2019, are amended to read as follows:
   1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
 violation  enters a plea of not guilty, or a person alleged to be liable
 in accordance with section  eleven  hundred  eleven-d  of  this  chapter
 contests such allegation, or a person alleged to be liable in accordance
 with section eleven hundred eleven-e of this chapter contests such alle-
 gation,  or  a  person  alleged  to  be  liable  in  accordance with the
 provisions of section eleven hundred eighty-d  of  this  chapter  for  a
 violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
 hundred eighty of this chapter contests such  allegation,  OR  A  PERSON
 ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN
 HUNDRED  EIGHTY-E  OF  THIS  CHAPTER FOR A VIOLATION OF SUBDIVISION (B),
 (D), (F) OR (G)  OF  SECTION  ELEVEN  HUNDRED  EIGHTY  OF  THIS  CHAPTER
 CONTESTS SUCH ALLEGATION, or a person alleged to be liable in accordance
 with section eleven hundred seventy-four-a of this chapter contests such
 allegation,  the bureau shall advise such person personally by such form
 of first class mail as the director may direct of the date on  which  he
 or  she  must  appear  to  answer  the charge at a hearing. The form and
 content of such notice of hearing shall be prescribed by  the  director,
 and  shall contain a warning to advise the person so pleading that fail-
 ure to appear on the date designated, or  on  any  subsequent  adjourned
 date,  shall  be  deemed  an  admission of liability, and that a default
 judgment may be entered thereon.
   1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
 entered, or the bureau has been notified that an allegation of liability
 in  accordance  with section eleven hundred eleven-d of this chapter, is
 being contested, or the bureau has been notified that an  allegation  of
 liability  in  accordance  with  section eleven hundred eleven-e of this

 S. 2508--B                         30
 
 chapter, or an allegation of liability in accordance with section eleven
 hundred eighty-d of this chapter, is being contested, OR THE BUREAU  HAS
 BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION
 ELEVEN  HUNDRED  EIGHTY-E  OF  THIS  CHAPTER  IS BEING CONTESTED, or the
 bureau has been notified that an allegation of liability  in  accordance
 with  section  eleven  hundred  seventy-four-a of this chapter, is being
 contested, by a person in a timely fashion and a hearing upon the merits
 has been demanded, but has not yet been held, the bureau shall not issue
 any notice of fine or penalty to that person prior to the  date  of  the
 hearing.
   §  5-f. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
 fic law, as separately amended by sections 5-e of chapters 145  and  148
 of the laws of 2019, are amended to read as follows:
   1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
 violation enters a plea of not guilty, or a person alleged to be  liable
 in  accordance  with  section  eleven  hundred  eleven-e of this chapter
 contests such allegation, or a person alleged to be liable in accordance
 with the provisions of section eleven hundred eighty-d of  this  chapter
 for  a  violation  of  subdivision  (b), (c), (d), (f) or (g) of section
 eleven hundred eighty of this chapter contests  such  allegation,  OR  A
 PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION
 ELEVEN  HUNDRED  EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION
 (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY  OF  THIS  CHAPTER
 CONTESTS SUCH ALLEGATION, or a person alleged to be liable in accordance
 with section eleven hundred seventy-four-a of this chapter contests such
 allegation,  the bureau shall advise such person personally by such form
 of first class mail as the director may direct of the date on  which  he
 or  she  must  appear  to  answer  the charge at a hearing. The form and
 content of such notice of hearing shall be prescribed by  the  director,
 and  shall contain a warning to advise the person so pleading that fail-
 ure to appear on the date designated, or  on  any  subsequent  adjourned
 date,  shall  be  deemed  an  admission of liability, and that a default
 judgment may be entered thereon.
   1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
 entered, or the bureau has been notified that an allegation of liability
 in  accordance  with section eleven hundred eleven-e of this chapter, or
 an allegation of liability in accordance  with  section  eleven  hundred
 eighty-d  of  this  chapter,  is being contested, OR THE BUREAU HAS BEEN
 NOTIFIED THAT AN ALLEGATION OF  LIABILITY  IN  ACCORDANCE  WITH  SECTION
 ELEVEN  HUNDRED  EIGHTY-E  OF  THIS  CHAPTER  IS BEING CONTESTED, or the
 bureau has been notified that an allegation of liability  in  accordance
 with  section  eleven  hundred  seventy-four-a of this chapter, is being
 contested, by a person in a timely fashion and a hearing upon the merits
 has been demanded, but has not yet been held, the bureau shall not issue
 any notice of fine or penalty to that person prior to the  date  of  the
 hearing.
   §  5-g. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
 fic law, as separately amended by sections 5-f of chapters 145  and  148
 of the laws of 2019, are amended to read as follows:
   1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
 violation enters a plea of not guilty, or a person alleged to be  liable
 in  accordance with the provisions of section eleven hundred eighty-d of
 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
 section eleven hundred eighty of this chapter contests such  allegation,
 OR  A  PERSON  ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF
 SECTION ELEVEN HUNDRED EIGHTY-E OF  THIS  CHAPTER  FOR  A  VIOLATION  OF

 S. 2508--B                         31
 
 SUBDIVISION  (B),  (D),  (F)  OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
 THIS CHAPTER CONTESTS SUCH ALLEGATION, or a person alleged to be  liable
 in accordance with section eleven hundred seventy-four-a of this chapter
 contests such allegation, the bureau shall advise such person personally
 by  such form of first class mail as the director may direct of the date
 on which he or she must appear to answer the charge at  a  hearing.  The
 form  and  content  of such notice of hearing shall be prescribed by the
 director, and shall contain a warning to advise the person  so  pleading
 that  failure  to  appear  on  the date designated, or on any subsequent
 adjourned date, shall be deemed an admission of liability,  and  that  a
 default judgment may be entered thereon.
   1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
 entered, or the bureau has been notified that an allegation of liability
 in accordance with section eleven hundred seventy-four-a of  this  chap-
 ter, is being contested, or the bureau has been notified that an allega-
 tion  of liability in accordance with section eleven hundred eighty-d of
 this chapter is being contested, OR THE BUREAU HAS BEEN NOTIFIED THAT AN
 ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
 Y-E OF THIS CHAPTER IS BEING CONTESTED, by a person in a timely  fashion
 and  a  hearing  upon the merits has been demanded, but has not yet been
 held, the bureau shall not issue any notice of fine or penalty  to  that
 person prior to the date of the hearing.
   § 5-h. Subdivision 1 of section 240 of the vehicle and traffic law, as
 added by chapter 715 of the laws of 1972, is amended to read as follows:
   1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
 violation enters a plea of not guilty, OR A PERSON ALLEGED TO BE  LIABLE
 IN  ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-E OF
 THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B),  (D),  (F)  OR  (G)  OF
 SECTION  ELEVEN HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION,
 the bureau shall advise such person personally by  such  form  of  first
 class  mail  as  the  director  may  direct of the date on which he must
 appear to answer the charge at a hearing. The form and content  of  such
 notice of hearing shall be prescribed by the director, and shall contain
 a warning to advise the person so pleading that failure to appear on the
 date designated, or on any subsequent adjourned date, shall be deemed an
 admission of liability, and that a default judgment may be entered ther-
 eon.
   §  5-i. Subdivision 1-a of section 240 of the vehicle and traffic law,
 as added by chapter 365 of the laws of  1978,  is  amended  to  read  as
 follows:
   1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
 entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY
 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF  THIS  CHAPTER  IS
 BEING  CONTESTED  by a person in a timely fashion and a hearing upon the
 merits has been demanded, but has not yet been held,  the  bureau  shall
 not issue any notice of fine or penalty to that person prior to the date
 of the hearing.
   § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
 and traffic law, as separately amended by sections 6 of chapters 145 and
 148 of the laws of 2019, are amended to read as follows:
   a. Every hearing for the adjudication of a charge of parking violation
 or  an allegation of liability in accordance with section eleven hundred
 eleven-a of this chapter or in accordance with sections  eleven  hundred
 eleven-b  of this chapter as added by sections sixteen of chapters twen-
 ty, and twenty-two of the laws of two thousand  nine  or  in  accordance
 with  section  eleven  hundred eleven-d of this chapter or in accordance

 S. 2508--B                         32
 
 with section eleven hundred eleven-e of this chapter  or  in  accordance
 with section eleven hundred seventy-four-a of this chapter or an allega-
 tion  of  liability in accordance with section two thousand nine hundred
 eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
 sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
 laws  of nineteen hundred fifty or an allegation of liability in accord-
 ance with section eleven hundred eleven-c of this chapter or an  allega-
 tion  of liability in accordance with section eleven hundred eighty-b of
 this chapter, or an allegation of liability in accordance  with  section
 eleven  hundred  eighty-d of this chapter, OR AN ALLEGATION OF LIABILITY
 IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED  EIGHTY-E  OF  THIS  CHAPTER,
 shall  be  held  before  a hearing examiner in accordance with rules and
 regulations promulgated by the bureau.
   g. A record shall be made of a hearing on a plea of not guilty or of a
 hearing at which liability in accordance  with  section  eleven  hundred
 eleven-a  of  this chapter or in accordance with sections eleven hundred
 eleven-b of this chapter as added by sections sixteen of chapters  twen-
 ty,  and  twenty-two  of  the laws of two thousand nine or in accordance
 with section eleven hundred eleven-d of this chapter is contested or  in
 accordance  with  section  eleven  hundred  eleven-e  of this chapter is
 contested or in accordance with section eleven hundred seventy-four-a of
 this chapter is contested or of a hearing at which liability in  accord-
 ance  with  section  two thousand nine hundred eighty-five of the public
 authorities law or sections sixteen-a, sixteen-b and sixteen-c of  chap-
 ter  seven hundred seventy-four of the laws of nineteen hundred fifty is
 contested or of a hearing at which liability in accordance with  section
 eleven hundred eleven-c of this chapter or of a hearing at which liabil-
 ity  in  accordance with section eleven hundred eighty-b of this chapter
 or of a hearing at which liability in  accordance  with  section  eleven
 hundred  eighty-d  of this chapter OR OF A HEARING AT WHICH LIABILITY IN
 ACCORDANCE WITH SECTION ELEVEN  HUNDRED  EIGHTY-E  OF  THIS  CHAPTER  is
 contested. Recording devices may be used for the making of the record.
   § 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
 cle  and traffic law, as amended by section 6 of chapter 145 of the laws
 of 2019, are amended to read as follows:
   a. Every hearing for the adjudication of a charge of parking violation
 or an allegation of liability in accordance with section eleven  hundred
 eleven-a  of  this chapter or in accordance with sections eleven hundred
 eleven-b of this chapter as added by sections sixteen of chapters  twen-
 ty,  and  twenty-two  of  the laws of two thousand nine or in accordance
 with section eleven hundred eleven-d of this chapter  or  in  accordance
 with  section  eleven  hundred eleven-e of this chapter or in accordance
 with section eleven hundred seventy-four-a of this chapter or an allega-
 tion of liability in accordance with section two thousand  nine  hundred
 eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
 sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
 laws  of nineteen hundred fifty or an allegation of liability in accord-
 ance with section eleven hundred eleven-c of this chapter or an  allega-
 tion  of liability in accordance with section eleven hundred eighty-b of
 this chapter OR AN ALLEGATION OF LIABILITY IN  ACCORDANCE  WITH  SECTION
 ELEVEN  HUNDRED EIGHTY-E OF THIS CHAPTER, shall be held before a hearing
 examiner in accordance with rules and  regulations  promulgated  by  the
 bureau.
   g. A record shall be made of a hearing on a plea of not guilty or of a
 hearing  at  which  liability  in accordance with section eleven hundred
 eleven-a of this chapter or in accordance with sections  eleven  hundred

 S. 2508--B                         33
 
 eleven-b  of this chapter as added by sections sixteen of chapters twen-
 ty, and twenty-two of the laws of two thousand  nine  or  in  accordance
 with  section eleven hundred eleven-d of this chapter is contested or in
 accordance  with  section  eleven  hundred  eleven-e  of this chapter is
 contested or in accordance with section eleven hundred seventy-four-a of
 this chapter is contested or of a hearing at which liability in  accord-
 ance  with  section  two thousand nine hundred eighty-five of the public
 authorities law or sections sixteen-a, sixteen-b and sixteen-c of  chap-
 ter  seven hundred seventy-four of the laws of nineteen hundred fifty is
 contested or of a hearing at which liability in accordance with  section
 eleven hundred eleven-c of this chapter or OF a hearing at which liabil-
 ity  in  accordance with section eleven hundred eighty-b of this chapter
 OR OF A HEARING AT WHICH LIABILITY IN  ACCORDANCE  WITH  SECTION  ELEVEN
 HUNDRED  EIGHTY-E OF THIS CHAPTER is contested. Recording devices may be
 used for the making of the record.
   § 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
 cle and traffic law, as separately amended by sections 6-a  of  chapters
 145 and 148 of the laws of 2019, are amended to read as follows:
   a. Every hearing for the adjudication of a charge of parking violation
 or an allegation of liability in accordance with sections eleven hundred
 eleven-b of this chapter, as added by sections sixteen of chapters twen-
 ty,  and  twenty-two  of  the laws of two thousand nine or in accordance
 with section eleven hundred eleven-d of this chapter  or  in  accordance
 with  section  eleven  hundred eleven-e of this chapter or in accordance
 with section eleven hundred seventy-four-a of this chapter or an allega-
 tion of liability in accordance with section eleven hundred eleven-c  of
 this  chapter  or  an allegation of liability in accordance with section
 eleven hundred eighty-b of this chapter or an allegation of liability in
 accordance with section eleven hundred eighty-d of this  chapter  OR  AN
 ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
 Y-E  OF THIS CHAPTER, shall be held before a hearing examiner in accord-
 ance with rules and regulations promulgated by the bureau.
   g. A record shall be made of a hearing on a plea of not guilty or of a
 hearing at which liability in accordance with  sections  eleven  hundred
 eleven-b of this chapter, as added by sections sixteen of chapters twen-
 ty,  and  twenty-two  of  the laws of two thousand nine or in accordance
 with section eleven hundred eleven-d of this chapter  or  in  accordance
 with  section  eleven  hundred eleven-e of this chapter or in accordance
 with section eleven hundred seventy-four-a of this chapter or of a hear-
 ing at  which  liability  in  accordance  with  section  eleven  hundred
 eleven-c  of  this chapter or of a hearing at which liability in accord-
 ance with section eleven hundred eighty-b of this chapter or of a  hear-
 ing  at which liability in accordance with section eleven hundred eight-
 y-d of this chapter OR OF A HEARING AT  WHICH  LIABILITY  IN  ACCORDANCE
 WITH  SECTION  ELEVEN  HUNDRED  EIGHTY-E  OF  THIS CHAPTER is contested.
 Recording devices may be used for the making of the record.
   § 6-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
 cle and traffic law, as separately amended by sections 6-b  of  chapters
 145 and 148 of the laws of 2019, are amended to read as follows:
   a. Every hearing for the adjudication of a charge of parking violation
 or  an allegation of liability in accordance with section eleven hundred
 seventy-four-a of this chapter or an allegation of liability in  accord-
 ance  with section eleven hundred eleven-e of this chapter or an allega-
 tion of liability in accordance with section eleven hundred eleven-d  of
 this  chapter  or  an allegation of liability in accordance with section
 eleven hundred eleven-c of this chapter or an allegation of liability in

 S. 2508--B                         34
 
 accordance with section eleven hundred eighty-b of this  chapter  or  an
 allegation of liability in accordance with section eleven hundred eight-
 y-d  of  this  chapter  OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH
 SECTION  ELEVEN  HUNDRED EIGHTY-E OF THIS CHAPTER shall be held before a
 hearing examiner in accordance with rules and regulations promulgated by
 the bureau.
   g. A record shall be made of a hearing on a plea of not guilty or of a
 hearing at which liability in accordance  with  section  eleven  hundred
 seventy-four-a  of  this  chapter  or of a hearing at which liability in
 accordance with section eleven hundred eleven-e of this chapter or of  a
 hearing  at  which  liability  in accordance with section eleven hundred
 eleven-d of this chapter or of a hearing at which liability  in  accord-
 ance  with section eleven hundred eleven-c of this chapter or of a hear-
 ing at which liability in accordance with section eleven hundred  eight-
 y-b  of  this  chapter  or of a hearing at which liability in accordance
 with section eleven hundred eighty-d of this chapter OR OF A HEARING  AT
 WHICH  LIABILITY  IN  ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF
 THIS CHAPTER is contested. Recording devices may be used for the  making
 of the record.
   § 6-d. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
 cle  and  traffic law, as separately amended by sections 6-c of chapters
 145 and 148 of the laws of 2019, are amended to read as follows:
   a. Every hearing for the adjudication of a charge of parking violation
 or an allegation of liability in accordance with section eleven  hundred
 seventy-four-a  of this chapter or an allegation of liability in accord-
 ance with section eleven hundred eleven-e of this chapter or an  allega-
 tion  of liability in accordance with section eleven hundred eleven-d of
 this chapter or an allegation of liability in  accordance  with  section
 eleven hundred eighty-b of this chapter or an allegation of liability in
 accordance  with  section  eleven hundred eighty-d of this chapter OR AN
 ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
 Y-E OF THIS CHAPTER shall be held before a hearing examiner  in  accord-
 ance with rules and regulations promulgated by the bureau.
   g. A record shall be made of a hearing on a plea of not guilty or of a
 hearing  at  which  liability  in accordance with section eleven hundred
 seventy-four-a of this chapter or of a hearing  at  which  liability  in
 accordance  with section eleven hundred eleven-e of this chapter or of a
 hearing at which liability in accordance  with  section  eleven  hundred
 eleven-d  of  this chapter or of a hearing at which liability in accord-
 ance with section eleven hundred eighty-b of this chapter or of a  hear-
 ing  at which liability in accordance with section eleven hundred eight-
 y-d of this chapter OR OF A HEARING AT  WHICH  LIABILITY  IN  ACCORDANCE
 WITH  SECTION  ELEVEN  HUNDRED  EIGHTY-E  OF  THIS CHAPTER is contested.
 Recording devices may be used for the making of the record.
   § 6-e. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
 cle and traffic law, as separately amended by section  6-d  of  chapters
 145 and 148 of the laws of 2019, are amended to read as follows:
   a. Every hearing for the adjudication of a charge of parking violation
 or  an allegation of liability in accordance with section eleven hundred
 seventy-four-a of this chapter or an allegation of liability in  accord-
 ance  with section eleven hundred eleven-e of this chapter or an allega-
 tion of liability in accordance with section eleven hundred eleven-d  of
 this  chapter  or  an allegation of liability in accordance with section
 eleven hundred eighty-d of this chapter OR AN ALLEGATION OF LIABILITY IN
 ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER shall be

 S. 2508--B                         35
 
 held before a hearing examiner in accordance with rules and  regulations
 promulgated by the bureau.
   g.  A  record  shall be made of a hearing on a plea of not guilty or a
 hearing at which liability in accordance  with  section  eleven  hundred
 eleven-d of this chapter is contested or of a hearing at which liability
 in accordance with section eleven hundred seventy-four-a of this chapter
 or  a  hearing  at  which  liability  in  accordance with section eleven
 hundred eleven-e of this chapter or a  hearing  at  which  liability  in
 accordance  with section eleven hundred eighty-d of this chapter OR OF A
 HEARING AT WHICH LIABILITY IN ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
 EIGHTY-E OF THIS CHAPTER is contested. Recording devices may be used for
 the making of the record.
   § 6-f. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
 cle  and  traffic  law, as separately amended by section 6-e of chapters
 145 and 148 of the laws of 2019, are amended to read as follows:
   a. Every hearing for the adjudication of a charge of parking violation
 or an allegation of liability in accordance with section eleven  hundred
 eleven-e  of  this  chapter  or an allegation of liability in accordance
 with section eleven hundred seventy-four-a of this chapter or an allega-
 tion of liability in accordance with section eleven hundred eighty-d  of
 this  chapter  OR  AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION
 ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER shall be held before  a  hearing
 examiner  in  accordance  with  rules and regulations promulgated by the
 bureau.
   g. A record shall be made of a hearing on a plea of not  guilty  or  a
 hearing  at  which  liability  in accordance with section eleven hundred
 eleven-e of this chapter or a hearing at which liability  in  accordance
 with  section  eleven  hundred  eighty-d of this chapter OR A HEARING AT
 WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED  EIGHTY-E  OF
 THIS  CHAPTER is contested or a hearing at which liability in accordance
 with section eleven hundred seventy-four-a of this chapter is contested.
 Recording devices may be used for the making of the record.
   § 6-g. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
 cle and traffic law, as separately amended by sections 6-f  of  chapters
 145 and 148 of the laws of 2019, are amended to read as follows:
   a. Every hearing for the adjudication of a charge of parking violation
 or  an allegation of liability in accordance with section eleven hundred
 seventy-four-a of this chapter or an allegation of liability in  accord-
 ance  with section eleven hundred eighty-d of this chapter OR AN ALLEGA-
 TION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E  OF
 THIS  CHAPTER shall be held before a hearing examiner in accordance with
 rules and regulations promulgated by the bureau.
   g. A record shall be made of a hearing on a plea of not  guilty  or  a
 hearing  at  which  liability  in accordance with section eleven hundred
 seventy-four-a of this chapter  is  contested  or  a  hearing  at  which
 liability  in  accordance  with  section eleven hundred eighty-d of this
 chapter IS CONTESTED OR A HEARING AT WHICH LIABILITY IN ACCORDANCE  WITH
 SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER IS CONTESTED.  Recording
 devices may be used for the making of the record.
   § 6-h. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
 cle  and  traffic  law, as added by chapter 715 of the laws of 1972, are
 amended to read as follows:
   a. Every hearing for the adjudication of a charge of parking violation
 OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED
 EIGHTY-E  OF  THIS  CHAPTER  shall  be held before a hearing examiner in
 accordance with rules and regulations promulgated by the bureau.

 S. 2508--B                         36
 
   g. A record shall be made of a hearing on a plea of not guilty OR OF A
 HEARING AT WHICH LIABILITY IN ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
 EIGHTY-E  OF  THIS  CHAPTER IS CONTESTED.  Recording devices may be used
 for the making of the record.
   §  7.  Subdivisions  1 and 2 of section 241 of the vehicle and traffic
 law, as separately amended by sections 7 of chapters 145 and 148 of  the
 laws of 2019, are amended to read as follows:
   1.  The  hearing  examiner  shall make a determination on the charges,
 either sustaining or dismissing them. Where the hearing examiner  deter-
 mines  that the charges have been sustained he or she may examine either
 the prior  parking  violations  record  or  the  record  of  liabilities
 incurred  in  accordance  with  section  eleven hundred eleven-a of this
 chapter or in accordance with sections eleven hundred eleven-b  of  this
 chapter [as added by sections sixteen of chapters twenty, and twenty-two
 of  the  laws of two thousand nine] or in accordance with section eleven
 hundred eleven-d of this chapter or in accordance  with  section  eleven
 hundred  eleven-e  of  this chapter or in accordance with section eleven
 hundred seventy-four-a of this chapter  or  the  record  of  liabilities
 incurred  in  accordance  with section two thousand nine hundred eighty-
 five of the public authorities law or sections sixteen-a, sixteen-b  and
 sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
 hundred fifty of the  person  charged,  or  the  record  of  liabilities
 incurred  in  accordance  with  section  eleven hundred eleven-c of this
 chapter, or the  record  of  liabilities  incurred  in  accordance  with
 section  eleven  hundred  eighty-b  of this chapter, or in the record of
 liabilities incurred in accordance with section eleven hundred  eighty-d
 of  this  chapter of the person charged, OR IN THE RECORD OF LIABILITIES
 INCURRED IN ACCORDANCE WITH SECTION  ELEVEN  HUNDRED  EIGHTY-E  OF  THIS
 CHAPTER  OF THE PERSON CHARGED, as applicable prior to rendering a final
 determination. Final determinations  sustaining  or  dismissing  charges
 shall  be entered on a final determination roll maintained by the bureau
 together with records showing payment and nonpayment of penalties.
   2. Where an operator or owner fails to enter a plea to a charge  of  a
 parking  violation  or  contest an allegation of liability in accordance
 with section eleven hundred eleven-a of this chapter  or  in  accordance
 with  sections  eleven  hundred  eleven-b  of  this chapter [as added by
 sections sixteen of chapters twenty, and twenty-two of the laws  of  two
 thousand  nine] or in accordance with section eleven hundred eleven-d of
 this chapter or in accordance with section eleven  hundred  eleven-e  of
 this chapter or in accordance with section eleven hundred seventy-four-a
 of  this  chapter  or  fails  to  contest  an allegation of liability in
 accordance with section two thousand nine  hundred  eighty-five  of  the
 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
 chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred
 fifty, or fails to contest an allegation of liability in accordance with
 section eleven hundred eleven-c of this chapter or fails to  contest  an
 allegation of liability in accordance with section eleven hundred eight-
 y-b  of  this  chapter or fails to contest an allegation of liability in
 accordance with section eleven hundred eighty-d of this chapter OR FAILS
 TO CONTEST AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION  ELEVEN
 HUNDRED  EIGHTY-E  OF  THIS  CHAPTER  or fails to appear on a designated
 hearing date or subsequent adjourned date or fails after  a  hearing  to
 comply  with  the  determination of a hearing examiner, as prescribed by
 this article or by rule or regulation of the  bureau,  such  failure  to
 plead or contest, appear or comply shall be deemed, for all purposes, an
 admission of liability and shall be grounds for rendering and entering a

 S. 2508--B                         37
 
 default  judgment  in an amount provided by the rules and regulations of
 the  bureau.  However,  after  the  expiration  of  the  original   date
 prescribed  for  entering  a  plea  and before a default judgment may be
 rendered,  in  such  case  the  bureau  shall pursuant to the applicable
 provisions of law notify such operator or owner, by such form  of  first
 class  mail  as the commission may direct; (1) of the violation charged,
 or liability in accordance with section eleven hundred eleven-a of  this
 chapter  or  in accordance with sections eleven hundred eleven-b of this
 chapter [as added by sections sixteen of chapters twenty, and twenty-two
 of the laws of two thousand nine] or in accordance with  section  eleven
 hundred  eleven-d  of  this chapter or in accordance with section eleven
 hundred eleven-e of this chapter or in accordance  with  section  eleven
 hundred  seventy-four-a  of this chapter alleged or liability in accord-
 ance with section two thousand nine hundred eighty-five  of  the  public
 authorities  law or sections sixteen-a, sixteen-b and sixteen-c of chap-
 ter seven hundred seventy-four of the laws  of  nineteen  hundred  fifty
 alleged  or liability in accordance with section eleven hundred eleven-c
 of this chapter or liability in accordance with section  eleven  hundred
 eighty-b  of  this  chapter  alleged,  or  liability  in accordance with
 section eleven hundred eighty-d of this chapter alleged, OR LIABILITY IN
 ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER ALLEGED,
 (2) of the impending default judgment, (3) that such  judgment  will  be
 entered  in  the  Civil  Court  of the city in which the bureau has been
 established, or other court of civil jurisdiction  or  any  other  place
 provided  for the entry of civil judgments within the state of New York,
 and (4) that a default may be avoided by entering a plea  or  contesting
 an  allegation  of  liability  in accordance with section eleven hundred
 eleven-a of this chapter or in accordance with sections  eleven  hundred
 eleven-b  of this chapter as added by sections sixteen of chapters twen-
 ty, and twenty-two of the laws of two thousand  nine  or  in  accordance
 with  section  eleven  hundred eleven-d of this chapter or in accordance
 with section eleven hundred eleven-e of this chapter  or  in  accordance
 with section eleven hundred seventy-four-a of this chapter or contesting
 an  allegation of liability in accordance with section two thousand nine
 hundred eighty-five of the public authorities law or sections sixteen-a,
 sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
 laws  of nineteen hundred fifty or contesting an allegation of liability
 in accordance with section eleven hundred eleven-c of  this  chapter  or
 contesting  an allegation of liability in accordance with section eleven
 hundred eighty-b of this chapter or contesting an allegation of  liabil-
 ity  in accordance with section eleven hundred eighty-d of this chapter,
 OR CONTESTING AN ALLEGATION OF  LIABILITY  IN  ACCORDANCE  WITH  SECTION
 ELEVEN  HUNDRED  EIGHTY-E  OF THIS CHAPTER, as appropriate, or making an
 appearance within thirty days of  the  sending  of  such  notice.  Pleas
 entered  and  allegations  contested  within that period shall be in the
 manner prescribed in the notice and not subject to additional penalty or
 fee. Such notice of impending default judgment  shall  not  be  required
 prior  to  the  rendering  and entry thereof in the case of operators or
 owners who are non-residents of the state of New York. In no case  shall
 a default judgment be rendered or, where required, a notice of impending
 default  judgment  be  sent, more than two years after the expiration of
 the time prescribed for entering a plea  or  contesting  an  allegation.
 When  a  person  has  demanded  a  hearing,  no fine or penalty shall be
 imposed for any reason, prior to the holding  of  the  hearing.  If  the
 hearing  examiner  shall make a determination on the charges, sustaining

 S. 2508--B                         38
 
 them, he or she shall impose no greater penalty or fine than those  upon
 which the person was originally charged.
   §  7-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
 law, as amended by section 7 of chapter 145 of the  laws  of  2019,  are
 amended to read as follows:
   1.  The  hearing  examiner  shall make a determination on the charges,
 either sustaining or dismissing them. Where the hearing examiner  deter-
 mines  that the charges have been sustained he or she may examine either
 the prior  parking  violations  record  or  the  record  of  liabilities
 incurred  in  accordance  with  section  eleven hundred eleven-a of this
 chapter or in accordance with sections eleven hundred eleven-b  of  this
 chapter [as added by sections sixteen of chapters twenty, and twenty-two
 of  the  laws of two thousand nine] or in accordance with section eleven
 hundred eleven-d of this chapter or in accordance  with  section  eleven
 hundred  eleven-e  of  this chapter or in accordance with section eleven
 hundred seventy-four-a of this chapter  or  the  record  of  liabilities
 incurred  in  accordance  with section two thousand nine hundred eighty-
 five of the public authorities law or sections sixteen-a, sixteen-b  and
 sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
 hundred fifty of the  person  charged,  or  the  record  of  liabilities
 incurred  in  accordance  with  section  eleven hundred eleven-c of this
 chapter, or the  record  of  liabilities  incurred  in  accordance  with
 section  eleven  hundred  eighty-b  of  this  chapter,  OR THE RECORD OF
 LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED  EIGHTY-E
 OF  THIS CHAPTER OF THE PERSON CHARGED, as applicable prior to rendering
 a final determination. Final  determinations  sustaining  or  dismissing
 charges shall be entered on a final determination roll maintained by the
 bureau  together  with  records showing payment and nonpayment of penal-
 ties.
   2. Where an operator or owner fails to enter a plea to a charge  of  a
 parking  violation  or  contest an allegation of liability in accordance
 with section eleven hundred eleven-a of this chapter  or  in  accordance
 with  sections  eleven  hundred  eleven-b  of  this chapter [as added by
 sections sixteen of chapters twenty, and twenty-two of the laws  of  two
 thousand  nine] or in accordance with section eleven hundred eleven-d of
 this chapter or in accordance with section eleven  hundred  eleven-e  of
 this chapter or in accordance with section eleven hundred seventy-four-a
 of  this  chapter  or  fails  to  contest  an allegation of liability in
 accordance with section two thousand nine  hundred  eighty-five  of  the
 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
 chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred
 fifty, or fails to contest an allegation of liability in accordance with
 section eleven hundred eleven-c of this chapter or fails to  contest  an
 allegation of liability in accordance with section eleven hundred eight-
 y-b  of  this  chapter,  OR  FAILS TO CONTEST AN ALLEGATION OF LIABILITY
 INCURRED IN ACCORDANCE WITH SECTION  ELEVEN  HUNDRED  EIGHTY-E  OF  THIS
 CHAPTER,  or  fails to appear on a designated hearing date or subsequent
 adjourned date or fails after a hearing to comply with the determination
 of a hearing examiner, as prescribed by this article or by rule or regu-
 lation of the bureau, such failure to plead  [or],  contest,  appear  or
 comply  shall be deemed, for all purposes, an admission of liability and
 shall be grounds for rendering and entering a  default  judgment  in  an
 amount  provided  by  the  rules and regulations of the bureau. However,
 after the expiration of the original date prescribed for entering a plea
 and before a default judgment may be rendered, in such case  the  bureau
 shall  pursuant to the applicable provisions of law notify such operator

 S. 2508--B                         39
 
 or owner, by such form of first class mail as the commission may direct;
 (1) of the violation charged, or liability in  accordance  with  section
 eleven  hundred  eleven-a of this chapter or in accordance with sections
 eleven hundred eleven-b of this chapter [as added by sections sixteen of
 chapters  twenty, and twenty-two of the laws of two thousand nine] or in
 accordance with section eleven hundred eleven-d of this  chapter  or  in
 accordance  with  section  eleven hundred eleven-e of this chapter or in
 accordance with section eleven hundred seventy-four-a  of  this  chapter
 alleged  or  liability  in  accordance  with  section  two thousand nine
 hundred eighty-five of the public authorities law or sections sixteen-a,
 sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
 laws  of  nineteen hundred fifty alleged or liability in accordance with
 section eleven hundred eleven-c of this chapter or liability in  accord-
 ance  with  section  eleven hundred eighty-b of this chapter alleged, OR
 LIABILITY IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED  EIGHTY-E  OF  THIS
 CHAPTER  ALLEGED,  (2)  of the impending default judgment, (3) that such
 judgment will be entered in the Civil Court of the  city  in  which  the
 bureau has been established, or other court of civil jurisdiction or any
 other  place  provided for the entry of civil judgments within the state
 of New York, and (4) that a default may be avoided by entering a plea or
 contesting an allegation of liability in accordance with section  eleven
 hundred  eleven-a  of this chapter or in accordance with sections eleven
 hundred eleven-b of this chapter [as added by sections sixteen of  chap-
 ters  twenty,  and  twenty-two  of  the laws of two thousand nine] or in
 accordance with section eleven hundred eleven-d of this  chapter  or  in
 accordance  with  section  eleven hundred eleven-e of this chapter or in
 accordance with section eleven hundred seventy-four-a of this chapter or
 contesting an allegation of liability in  accordance  with  section  two
 thousand  nine  hundred  eighty-five  of  the  public authorities law or
 sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
 seventy-four  of  the  laws  of  nineteen hundred fifty or contesting an
 allegation of  liability  in  accordance  with  section  eleven  hundred
 eleven-c  of  this  chapter  or contesting an allegation of liability in
 accordance with section eleven hundred  eighty-b  of  this  chapter,  OR
 CONTESTING  AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
 HUNDRED EIGHTY-E OF THIS CHAPTER, as appropriate, or making  an  appear-
 ance within thirty days of the sending of such notice. Pleas entered and
 allegations  contested  within  that  period  shall  be  in  the  manner
 prescribed in the notice and not subject to additional penalty  or  fee.
 Such notice of impending default judgment shall not be required prior to
 the  rendering  and entry thereof in the case of operators or owners who
 are non-residents of the state of New York. In no case shall  a  default
 judgment  be  rendered or, where required, a notice of impending default
 judgment be sent, more than two years after the expiration of  the  time
 prescribed  for  entering  a  plea  or  contesting an allegation. When a
 person has demanded a hearing, no fine or penalty shall be  imposed  for
 any reason, prior to the holding of the hearing. If the hearing examiner
 shall  make  a  determination on the charges, sustaining them, he or she
 shall impose no greater penalty or fine than those upon which the person
 was originally charged.
   § 7-b. Subdivisions 1 and 2 of section 241 of the vehicle and  traffic
 law,  as  separately  amended by sections 7-a of chapters 145 and 148 of
 the laws of 2019, are amended to read as follows:
   1. The hearing examiner shall make a  determination  on  the  charges,
 either  sustaining or dismissing them. Where the hearing examiner deter-
 mines that the charges have been sustained he or she may examine  either

 S. 2508--B                         40
 
 the  prior  parking  violations  record  or  the  record  of liabilities
 incurred in accordance with sections eleven  hundred  eleven-b  of  this
 chapter [as added by sections sixteen of chapters twenty, and twenty-two
 of  the  laws of two thousand nine] or in accordance with section eleven
 hundred eleven-d of this chapter or in accordance  with  section  eleven
 hundred  eleven-e  of  this chapter or in accordance with section eleven
 hundred seventy-four-a of this chapter of the  person  charged,  or  the
 record of liabilities incurred in accordance with section eleven hundred
 eleven-c  of  this  chapter,  or  the  record of liabilities incurred in
 accordance with section eleven hundred eighty-b of this chapter, or  the
 record of liabilities incurred in accordance with section eleven hundred
 eighty-d of this chapter of the person charged, OR THE RECORD OF LIABIL-
 ITIES  INCURRED  IN  ACCORDANCE  WITH SECTION ELEVEN HUNDRED EIGHTY-E OF
 THIS CHAPTER OF THE PERSON CHARGED, as applicable prior to  rendering  a
 final  determination.  Final  determinations  sustaining  or  dismissing
 charges shall be entered on a final determination roll maintained by the
 bureau together with records showing payment and  nonpayment  of  penal-
 ties.
   2.  Where  an operator or owner fails to enter a plea to a charge of a
 parking violation or contest an allegation of  liability  in  accordance
 with  sections  eleven  hundred  eleven-b  of  this chapter [as added by
 sections sixteen of chapters twenty, and twenty-two of the laws  of  two
 thousand  nine] or in accordance with section eleven hundred eleven-d of
 this chapter, or in accordance with section eleven hundred  eleven-e  of
 this   chapter,   or   in   accordance   with   section  eleven  hundred
 seventy-four-a of this chapter, or fails to  contest  an  allegation  of
 liability  in  accordance  with  section eleven hundred eleven-c of this
 chapter, or fails to contest an  allegation  of  liability  incurred  in
 accordance  with  section  eleven  hundred  eighty-b of this chapter, or
 fails to contest an allegation of liability incurred in accordance  with
 section  eleven hundred eighty-d of this chapter, OR FAILS TO CONTEST AN
 ALLEGATION OF LIABILITY  INCURRED  IN  ACCORDANCE  WITH  SECTION  ELEVEN
 HUNDRED  EIGHTY-E  OF  THIS  CHAPTER, or fails to appear on a designated
 hearing date or subsequent adjourned date or fails after  a  hearing  to
 comply  with  the  determination of a hearing examiner, as prescribed by
 this article or by rule or regulation of the  bureau,  such  failure  to
 plead,  contest,  appear or comply shall be deemed, for all purposes, an
 admission of liability and shall be grounds for rendering and entering a
 default judgment in an amount provided by the rules and  regulations  of
 the   bureau.  However,  after  the  expiration  of  the  original  date
 prescribed for entering a plea and before  a  default  judgment  may  be
 rendered,  in  such  case  the  bureau  shall pursuant to the applicable
 provisions of law notify such operator or owner, by such form  of  first
 class  mail  as the commission may direct; (1) of the violation charged,
 or liability in accordance with sections eleven hundred eleven-b of this
 chapter, [as added by sections sixteen of chapters twenty,  and  twenty-
 two  of  the  laws  of  two thousand nine] or in accordance with section
 eleven hundred eleven-d of this chapter, or in accordance  with  section
 eleven  hundred  eleven-e of this chapter, or in accordance with section
 eleven hundred seventy-four-a of this chapter, or liability  in  accord-
 ance  with  section eleven hundred eleven-c of this chapter or liability
 in accordance with section  eleven  hundred  eighty-b  of  this  chapter
 alleged, or liability in accordance with section eleven hundred eighty-d
 of this chapter alleged, OR ALLEGED LIABILITY IN ACCORDANCE WITH SECTION
 ELEVEN  HUNDRED  EIGHTY-E  OF THIS CHAPTER, (2) of the impending default
 judgment, (3) that such judgment will be entered in the Civil  Court  of

 S. 2508--B                         41
 
 the  city  in  which  the bureau has been established, or other court of
 civil jurisdiction or any other place provided for the  entry  of  civil
 judgments  within  the  state of New York, and (4) that a default may be
 avoided  by  entering a plea or contesting an allegation of liability in
 accordance with sections eleven hundred eleven-b  of  this  chapter  [as
 added by sections sixteen of chapters twenty, and twenty-two of the laws
 of  two  thousand  nine]  or  in  accordance with section eleven hundred
 eleven-d of this chapter or in accordance with  section  eleven  hundred
 eleven-e  of  this chapter, or in accordance with section eleven hundred
 seventy-four-a of this chapter, or contesting an allegation of liability
 in accordance with section eleven hundred eleven-c of  this  chapter  or
 contesting  an allegation of liability in accordance with section eleven
 hundred eighty-b of this chapter or contesting an allegation of  liabil-
 ity  in accordance with section eleven hundred eighty-d of this chapter,
 OR CONTESTING AN ALLEGATION OF  LIABILITY  IN  ACCORDANCE  WITH  SECTION
 ELEVEN  HUNDRED  EIGHTY-E  OF THIS CHAPTER, as appropriate, or making an
 appearance within thirty days of  the  sending  of  such  notice.  Pleas
 entered  and  allegations  contested  within that period shall be in the
 manner prescribed in the notice and not subject to additional penalty or
 fee. Such notice of impending default judgment  shall  not  be  required
 prior  to  the  rendering  and entry thereof in the case of operators or
 owners who are non-residents of the state of New York. In no case  shall
 a default judgment be rendered or, where required, a notice of impending
 default  judgment  be  sent, more than two years after the expiration of
 the time prescribed for entering a plea  or  contesting  an  allegation.
 When  a  person  has  demanded  a  hearing,  no fine or penalty shall be
 imposed for any reason, prior to the holding  of  the  hearing.  If  the
 hearing  examiner  shall make a determination on the charges, sustaining
 them, he or she shall impose no greater penalty or fine than those  upon
 which the person was originally charged.
   §  7-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
 law, as separately amended by sections 7-b of chapters 145  and  148  of
 the laws of 2019, are amended to read as follows:
   1.  The  hearing  examiner  shall make a determination on the charges,
 either sustaining or dismissing them. Where the hearing examiner  deter-
 mines  that  the  charges  have been sustained he or she may examine the
 prior parking violations record or the record of liabilities incurred in
 accordance with section eleven hundred eleven-e of this chapter  of  the
 person charged, or the record of liabilities incurred in accordance with
 section  eleven  hundred  seventy-four-a  of  this chapter of the person
 charged, or the  record  of  liabilities  incurred  in  accordance  with
 section  eleven  hundred eleven-d of this chapter of the person charged,
 or the record of liabilities incurred in accordance with section  eleven
 hundred  eleven-c of this chapter, or the record of liabilities incurred
 in accordance with section eleven hundred eighty-b of this  chapter,  or
 the  record  of  liabilities  incurred in accordance with section eleven
 hundred eighty-d of this chapter of the person charged, OR THE RECORD OF
 LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED  EIGHTY-E
 OF THIS CHAPTER OF THE PERSON CHARGED, as applicable, prior to rendering
 a  final  determination.  Final  determinations sustaining or dismissing
 charges shall be entered on a final determination roll maintained by the
 bureau together with records showing payment and  nonpayment  of  penal-
 ties.
   2.  Where  an operator or owner fails to enter a plea to a charge of a
 parking violation or contest an allegation of  liability  in  accordance
 with  section  eleven hundred seventy-four-a of this chapter, or contest

 S. 2508--B                         42
 
 an allegation of liability in accordance  with  section  eleven  hundred
 eleven-e  of  this  chapter,  or  contest  an allegation of liability in
 accordance with section eleven hundred  eleven-d  of  this  chapter,  or
 fails  to  contest an allegation of liability in accordance with section
 eleven hundred eleven-c of this chapter, or fails to contest an  allega-
 tion  of  liability  incurred  in accordance with section eleven hundred
 eighty-b of this chapter, or fails to contest an allegation of liability
 incurred in accordance with section  eleven  hundred  eighty-d  of  this
 chapter,  OR  FAILS  TO  CONTEST  AN ALLEGATION OF LIABILITY INCURRED IN
 ACCORDANCE WITH SECTION ELEVEN HUNDRED  EIGHTY-E  OF  THIS  CHAPTER,  or
 fails  to  appear  on  a designated hearing date or subsequent adjourned
 date or fails after a hearing to comply  with  the  determination  of  a
 hearing examiner, as prescribed by this article or by rule or regulation
 of  the bureau, such failure to plead, appear or comply shall be deemed,
 for all purposes, an admission of liability and  shall  be  grounds  for
 rendering  and  entering a default judgment in an amount provided by the
 rules and regulations of the bureau. However, after  the  expiration  of
 the  original  date  prescribed for entering a plea and before a default
 judgment may be rendered, in such case the bureau shall pursuant to  the
 applicable provisions of law notify such operator or owner, by such form
 of  first  class mail as the commission may direct; (1) of the violation
 charged, or liability in accordance with section eleven  hundred  seven-
 ty-four-a of this chapter, or liability in accordance with section elev-
 en  hundred  eleven-e  of  this chapter, or liability in accordance with
 section eleven hundred eleven-d of this chapter, or alleged liability in
 accordance with section eleven  hundred  eleven-c  of  this  chapter  or
 alleged  liability in accordance with section eleven hundred eighty-b of
 this chapter, or alleged liability in  accordance  with  section  eleven
 hundred  eighty-d  of  this  chapter,  OR  LIABILITY  IN ACCORDANCE WITH
 SECTION ELEVEN HUNDRED EIGHTY-E OF THIS  CHAPTER  ALLEGED,  (2)  of  the
 impending  default  judgment,  (3) that such judgment will be entered in
 the Civil Court of the city in which the bureau has been established, or
 other court of civil jurisdiction or any other place  provided  for  the
 entry  of  civil  judgments within the state of New York, and (4) that a
 default may be avoided by entering a plea or contesting an allegation of
 liability in accordance with section eleven  hundred  seventy-four-a  of
 this chapter or contesting an allegation of liability in accordance with
 section eleven hundred eleven-e of this chapter or contesting an allega-
 tion  of liability in accordance with section eleven hundred eleven-d of
 this chapter or contesting an allegation of liability in accordance with
 section eleven hundred eleven-c of this chapter or contesting an allega-
 tion of liability in accordance with section eleven hundred eighty-b  of
 this chapter or contesting an allegation of liability in accordance with
 section eleven hundred eighty-d of this chapter OR CONTESTING AN ALLEGA-
 TION  OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF
 THIS CHAPTER or making an appearance within thirty days of  the  sending
 of  such  notice.  Pleas  entered  AND ALLEGATIONS CONTESTED within that
 period shall be in the manner prescribed in the notice and  not  subject
 to  additional penalty or fee. Such notice of impending default judgment
 shall not be required prior to the rendering and entry  thereof  in  the
 case  of  operators  or owners who are non-residents of the state of New
 York. In no  case  shall  a  default  judgment  be  rendered  or,  where
 required,  a notice of impending default judgment be sent, more than two
 years after the expiration of the time prescribed for entering a plea OR
 CONTESTING AN ALLEGATION. When a person has demanded a hearing, no  fine
 or  penalty shall be imposed for any reason, prior to the holding of the

 S. 2508--B                         43

 hearing. If the hearing examiner  shall  make  a  determination  on  the
 charges,  sustaining  them, he or she shall impose no greater penalty or
 fine than those upon which the person was originally charged.
   §  7-d. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
 law, as separately amended by sections 7-c of chapters 145  and  148  of
 the laws of 2019, are amended to read as follows:
   1.  The  hearing  examiner  shall make a determination on the charges,
 either sustaining or dismissing them. Where the hearing examiner  deter-
 mines  that the charges have been sustained he or she may examine either
 the prior  parking  violations  record  or  the  record  of  liabilities
 incurred  in  accordance  with  section  eleven hundred eleven-d of this
 chapter of the person charged, or the record of liabilities incurred  in
 accordance with section eleven hundred seventy-four-a of this chapter of
 the  person charged, or the record of liabilities incurred in accordance
 with section eleven hundred eleven-e  of  this  chapter  of  the  person
 charged or the record of liabilities incurred in accordance with section
 eleven  hundred  eighty-b  of this chapter, or the record of liabilities
 incurred in accordance with section  eleven  hundred  eighty-d  of  this
 chapter  of the person charged, OR THE RECORD OF LIABILITIES INCURRED IN
 ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER  OF  THE
 PERSON CHARGED, as applicable, prior to rendering a final determination.
 Final  determinations  sustaining or dismissing charges shall be entered
 on a final determination roll maintained by  the  bureau  together  with
 records showing payment and nonpayment of penalties.
   2.  Where  an operator or owner fails to enter a plea to a charge of a
 parking violation or contest an allegation of  liability  in  accordance
 with  section  eleven hundred seventy-four-a of this chapter, or contest
 an allegation of liability in accordance  with  section  eleven  hundred
 eleven-e  of  this  chapter  or  contest  an  allegation of liability in
 accordance with section eleven hundred eleven-d of this chapter or fails
 to contest an  allegation  of  liability  incurred  in  accordance  with
 section  eleven  hundred eighty-b of this chapter or fails to contest an
 allegation of liability  incurred  in  accordance  with  section  eleven
 hundred  eighty-d  of  this chapter OR FAILS TO CONTEST AN ALLEGATION OF
 LIABILITY INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF
 THIS CHAPTER or fails to appear on a designated hearing date  or  subse-
 quent  adjourned date or fails after a hearing to comply with the deter-
 mination of a hearing examiner, as prescribed by this article or by rule
 or regulation of the bureau, such failure to plead, CONTEST,  appear  or
 comply  shall be deemed, for all purposes, an admission of liability and
 shall be grounds for rendering and entering a  default  judgment  in  an
 amount  provided  by  the  rules and regulations of the bureau. However,
 after the expiration of the original date prescribed for entering a plea
 and before a default judgment may be rendered, in such case  the  bureau
 shall  pursuant to the applicable provisions of law notify such operator
 or owner, by such form of first class mail as the commission may direct;
 (1) of the violation charged or liability  in  accordance  with  section
 eleven hundred seventy-four-a of this chapter or liability in accordance
 with  section  eleven  hundred  eleven-e of this chapter or liability in
 accordance with section eleven  hundred  eleven-d  of  this  chapter  or
 liability  in  accordance  with  section eleven hundred eighty-b of this
 chapter alleged, or liability in accordance with section eleven  hundred
 eighty-d  of  this  chapter  alleged,  OR  LIABILITY  IN ACCORDANCE WITH
 SECTION ELEVEN HUNDRED EIGHTY-E OF THIS  CHAPTER  ALLEGED,  (2)  of  the
 impending  default  judgment,  (3) that such judgment will be entered in
 the Civil Court of the city in which the bureau has been established, or

 S. 2508--B                         44
 
 other court of civil jurisdiction or any other place  provided  for  the
 entry  of  civil  judgments within the state of New York, and (4) that a
 default may be avoided by entering a plea or contesting an allegation of
 liability  in  accordance  with section eleven hundred seventy-four-a of
 this chapter or contesting an allegation of liability in accordance with
 section eleven hundred eleven-e of this chapter or contesting an allega-
 tion of liability in accordance with section eleven hundred eleven-d  of
 this chapter or contesting an allegation of liability in accordance with
 section eleven hundred eighty-b of this chapter or contesting an allega-
 tion  of liability in accordance with section eleven hundred eighty-d of
 this chapter OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH
 SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER or making an  appearance
 within  thirty  days  of  the  sending of such notice. Pleas entered AND
 ALLEGATIONS  CONTESTED  within  that  period  shall  be  in  the  manner
 prescribed  in  the notice and not subject to additional penalty or fee.
 Such notice of impending default judgment shall not be required prior to
 the rendering and entry thereof in the case of operators or  owners  who
 are  non-residents  of the state of New York. In no case shall a default
 judgment be rendered or, where required, a notice of  impending  default
 judgment  be  sent, more than two years after the expiration of the time
 prescribed for entering a plea OR CONTESTING  AN  ALLEGATION.    When  a
 person  has  demanded a hearing, no fine or penalty shall be imposed for
 any reason, prior to the holding of the hearing. If the hearing examiner
 shall make a determination on the charges, sustaining them,  he  OR  SHE
 shall impose no greater penalty or fine than those upon which the person
 was originally charged.
   §  7-e. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
 law, as separately amended by sections 7-d of chapters 145  and  148  of
 the laws of 2019, are amended to read as follows:
   1.  The  hearing  examiner  shall make a determination on the charges,
 either sustaining or dismissing them. Where the hearing examiner  deter-
 mines  that the charges have been sustained he or she may examine either
 the prior  parking  violations  record  or  the  record  of  liabilities
 incurred  in  accordance  with  section eleven hundred seventy-four-a of
 this chapter of the person charged or the record of liabilities incurred
 in accordance with section eleven hundred eleven-e of  this  chapter  of
 the  person  charged or the record of liabilities incurred in accordance
 with section eleven hundred eleven-d  of  this  chapter  of  the  person
 charged or the record of liabilities incurred in accordance with section
 eleven  hundred  eighty-d  of this chapter of the person charged, OR THE
 RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
 EIGHTY-E OF THIS CHAPTER OF THE PERSON CHARGED, as applicable, prior  to
 rendering  a  final  determination.  Final  determinations sustaining or
 dismissing charges shall be entered on a final determination roll  main-
 tained  by  the bureau together with records showing payment and nonpay-
 ment of penalties.
   2. Where an operator or owner fails to enter a plea to a charge  of  a
 parking  violation  or  contest an allegation of liability in accordance
 with section eleven hundred seventy-four-a of this chapter,  or  contest
 an  allegation  of  liability  in accordance with section eleven hundred
 eleven-e of this chapter  or  contest  an  allegation  of  liability  in
 accordance  with  section  eleven  hundred  eleven-d  of this chapter or
 contest an allegation of liability incurred in accordance  with  section
 eleven  hundred  eighty-d  of  this  chapter OR CONTEST AN ALLEGATION OF
 LIABILITY INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF
 THIS CHAPTER or fails to appear on a designated hearing date  or  subse-

 S. 2508--B                         45
 
 quent  adjourned date or fails after a hearing to comply with the deter-
 mination of a hearing examiner, as prescribed by this article or by rule
 or regulation of the bureau, such failure to plead, CONTEST,  appear  or
 comply  shall be deemed, for all purposes, an admission of liability and
 shall be grounds for rendering and entering a  default  judgment  in  an
 amount  provided  by  the  rules and regulations of the bureau. However,
 after the expiration of the original date prescribed for entering a plea
 and before a default judgment may be rendered, in such case  the  bureau
 shall  pursuant to the applicable provisions of law notify such operator
 or owner, by such form of first class mail as the commission may direct;
 (1) of the violation charged or liability  in  accordance  with  section
 eleven hundred seventy-four-a of this chapter or liability in accordance
 with  section eleven hundred eleven-e of this chapter alleged or liabil-
 ity in accordance with section eleven hundred eleven-d of  this  chapter
 alleged  or liability in accordance with section eleven hundred eighty-d
 of this chapter alleged OR LIABILITY IN ACCORDANCE WITH  SECTION  ELEVEN
 HUNDRED  EIGHTY-E  OF THIS CHAPTER ALLEGED, (2) of the impending default
 judgment, (3) that such judgment will be entered in the Civil  Court  of
 the  city  in  which  the bureau has been established, or other court of
 civil jurisdiction or any other place provided for the  entry  of  civil
 judgments  within  the  state of New York, and (4) that a default may be
 avoided by entering a plea or contesting an allegation of  liability  in
 accordance with section eleven hundred seventy-four-a of this chapter or
 contesting  an allegation of liability in accordance with section eleven
 hundred eleven-e of this chapter or contesting an allegation of  liabil-
 ity  in  accordance with section eleven hundred eleven-d of this chapter
 or contesting an allegation of  liability  in  accordance  with  section
 eleven  hundred  eighty-d of this chapter OR CONTESTING AN ALLEGATION OF
 LIABILITY IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED  EIGHTY-E  OF  THIS
 CHAPTER  or  making  an  appearance within thirty days of the sending of
 such notice. Pleas entered AND ALLEGATIONS CONTESTED within that  period
 shall be in the manner prescribed in the notice and not subject to addi-
 tional  penalty or fee.  Such notice of impending default judgment shall
 not be required prior to the rendering and entry thereof in the case  of
 operators  or  owners who are non-residents of the state of New York. In
 no case shall a default judgment  be  rendered  or,  where  required,  a
 notice  of impending default judgment be sent, more than two years after
 the expiration of the time prescribed for entering a plea OR  CONTESTING
 AN  ALLEGATION. When a person has demanded a hearing, no fine or penalty
 shall be imposed for any reason, prior to the holding of the hearing. If
 the hearing examiner shall make a determination on the charges, sustain-
 ing them, he OR SHE shall impose no greater penalty or fine  than  those
 upon which the person was originally charged.
   §  7-f. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
 law, as separately amended by sections 7-e of chapters 145  and  148  of
 the laws of 2019, are amended to read as follows:
   1.  The  hearing  examiner  shall make a determination on the charges,
 either sustaining or dismissing them. Where the hearing examiner  deter-
 mines  that  the  charges  have been sustained he or she may examine the
 prior parking violations record or the record of liabilities incurred in
 accordance with section eleven hundred eleven-e of this chapter  of  the
 person  charged or the record of liabilities incurred in accordance with
 section eleven hundred eighty-d of this chapter OR THE RECORD OF LIABIL-
 ITIES INCURRED IN ACCORDANCE WITH SECTION  ELEVEN  HUNDRED  EIGHTY-E  OF
 THIS  CHAPTER of the person charged, as applicable, prior to rendering a
 final determination or the record of liabilities incurred in  accordance

 S. 2508--B                         46
 
 with section eleven hundred seventy-four-a of this chapter of the person
 charged,  as applicable, prior to rendering a final determination. Final
 determinations sustaining or dismissing charges shall be  entered  on  a
 final  determination roll maintained by the bureau together with records
 showing payment and nonpayment of penalties.
   2. Where an operator or owner fails to enter a plea to a charge  of  a
 parking  violation  or  contest an allegation of liability in accordance
 with section eleven hundred seventy-four-a of this chapter,  or  contest
 an  allegation  of  liability  in accordance with section eleven hundred
 eleven-e of this chapter or contest an allegation of liability  incurred
 in  accordance  with  section eleven hundred eighty-d of this chapter OR
 CONTEST AN ALLEGATION OF LIABILITY INCURRED IN ACCORDANCE  WITH  SECTION
 ELEVEN  HUNDRED  EIGHTY-E OF THIS CHAPTER or fails to appear on a desig-
 nated hearing date or subsequent adjourned date or fails after a hearing
 to comply with the determination of a hearing examiner, as prescribed by
 this article or by rule or regulation of the  bureau,  such  failure  to
 plead,  CONTEST,  appear or comply shall be deemed, for all purposes, an
 admission of liability and shall be grounds for rendering and entering a
 default judgment in an amount provided by the rules and  regulations  of
 the   bureau.  However,  after  the  expiration  of  the  original  date
 prescribed for entering a plea and before  a  default  judgment  may  be
 rendered,  in  such  case  the  bureau  shall pursuant to the applicable
 provisions of law notify such operator or owner, by such form  of  first
 class mail as the commission may direct; (1) of the violation charged or
 liability  in  accordance  with  section eleven hundred eleven-e of this
 chapter alleged or liability in accordance with section  eleven  hundred
 seventy-four-a  of  this chapter or liability in accordance with section
 eleven hundred eighty-d of this chapter alleged OR LIABILITY IN  ACCORD-
 ANCE  WITH  SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER ALLEGED, (2)
 of the impending default  judgment,  (3)  that  such  judgment  will  be
 entered  in  the  Civil  Court  of the city in which the bureau has been
 established, or other court of civil jurisdiction  or  any  other  place
 provided  for the entry of civil judgments within the state of New York,
 and (4) that a default may be avoided by entering a plea  or  contesting
 an  allegation  of  liability  in accordance with section eleven hundred
 eleven-e of this chapter or contesting an  allegation  of  liability  in
 accordance with section eleven hundred seventy-four-a of this chapter or
 contesting  an allegation of liability in accordance with section eleven
 hundred eighty-d of this chapter OR CONTESTING AN ALLEGATION OF  LIABIL-
 ITY  IN  ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER
 or making an appearance within  thirty  days  of  the  sending  of  such
 notice.    Pleas  entered  AND  ALLEGATIONS CONTESTED within that period
 shall be in the manner prescribed in the notice and not subject to addi-
 tional penalty or fee. Such notice of impending default  judgment  shall
 not  be required prior to the rendering and entry thereof in the case of
 operators or owners who are non-residents of the state of New  York.  In
 no  case  shall  a  default  judgment  be rendered or, where required, a
 notice of impending default judgment be sent, more than two years  after
 the  expiration of the time prescribed for entering a plea OR CONTESTING
 AN ALLEGATION. When a person has demanded a hearing, no fine or  penalty
 shall be imposed for any reason, prior to the holding of the hearing. If
 the hearing examiner shall make a determination on the charges, sustain-
 ing  them,  he OR SHE shall impose no greater penalty or fine than those
 upon which the person was originally charged.

 S. 2508--B                         47
 
   § 7-g. Subdivisions 1 and 2 of section 241 of the vehicle and  traffic
 law,  as  separately  amended by sections 7-f of chapters 145 and 148 of
 the laws of 2019, are amended to read as follows:
   1.  The  hearing  examiner  shall make a determination on the charges,
 either sustaining or dismissing them. Where the hearing examiner  deter-
 mines  that  the  charges  have been sustained he or she may examine the
 prior parking violations record or the record of liabilities incurred in
 accordance with section eleven hundred seventy-four-a of this chapter or
 the record of liabilities incurred in  accordance  with  section  eleven
 hundred  eighty-d  of this chapter OR THE RECORD OF LIABILITIES INCURRED
 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF  THIS  CHAPTER  of
 the  person  charged, as applicable, prior to rendering a final determi-
 nation. Final determinations sustaining or dismissing charges  shall  be
 entered  on a final determination roll maintained by the bureau together
 with records showing payment and nonpayment of penalties.
   2. Where an operator or owner fails to enter a plea to a charge  of  a
 parking  violation  or  contest an allegation of liability in accordance
 with section eleven hundred seventy-four-a of this chapter,  or  contest
 an  allegation  of  liability incurred in accordance with section eleven
 hundred eighty-d of this chapter OR CONTEST AN ALLEGATION  OF  LIABILITY
 INCURRED  IN  ACCORDANCE  WITH  SECTION  ELEVEN HUNDRED EIGHTY-E OF THIS
 CHAPTER or fails to appear on a designated hearing  date  or  subsequent
 adjourned date or fails after a hearing to comply with the determination
 of a hearing examiner, as prescribed by this article or by rule or regu-
 lation  of  the bureau, such failure to plead, CONTEST, appear or comply
 shall be deemed, for all purposes, an admission of liability  and  shall
 be  grounds  for  rendering and entering a default judgment in an amount
 provided by the rules and regulations of the bureau. However, after  the
 expiration  of  the  original  date  prescribed  for entering a plea and
 before a default judgment may be rendered, in such case the bureau shall
 pursuant to the applicable provisions of law  notify  such  operator  or
 owner,  by  such  form of first class mail as the commission may direct;
 (1) of the violation charged or liability  in  accordance  with  section
 eleven  hundred eighty-d of this chapter alleged OR LIABILITY IN ACCORD-
 ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER  ALLEGED,  (2)
 of  the  impending  default  judgment,  (3)  that  such judgment will be
 entered in the Civil Court of the city in  which  the  bureau  has  been
 established,  or  other  court  of civil jurisdiction or any other place
 provided for the entry of civil judgments within the state of New  York,
 and  (4)  that a default may be avoided by entering a plea or contesting
 an allegation of liability in accordance  with  section  eleven  hundred
 eighty-d  of  this  chapter  OR CONTESTING AN ALLEGATION OF LIABILITY IN
 ACCORDANCE WITH SECTION ELEVEN  HUNDRED  EIGHTY-E  OF  THIS  CHAPTER  or
 making  an  appearance within thirty days of the sending of such notice.
 Pleas entered AND ALLEGATIONS CONTESTED within that period shall  be  in
 the manner prescribed in the notice and not subject to additional penal-
 ty  or  fee.  Such  notice  of  impending  default judgment shall not be
 required prior to the rendering and entry thereof in the case of  opera-
 tors  or  owners  who  are non-residents of the state of New York. In no
 case shall a default judgment be rendered or, where required,  a  notice
 of  impending  default  judgment  be sent, more than two years after the
 expiration of the time prescribed for entering a plea OR  CONTESTING  AN
 ALLEGATION.  When  a  person  has demanded a hearing, no fine or penalty
 shall be imposed for any reason, prior to the holding of the hearing. If
 the hearing examiner shall make a determination on the charges, sustain-

 S. 2508--B                         48
 
 ing them, he OR SHE shall impose no greater penalty or fine  than  those
 upon which the person was originally charged.
   § 7-h. Subdivision 1 of section 241 of the vehicle and traffic law, as
 added by chapter 715 of the laws of 1972, is amended to read as follows:
   1.  The  hearing  examiner  shall make a determination on the charges,
 either sustaining or dismissing them. Where the hearing examiner  deter-
 mines  that the charges have been sustained he OR SHE may examine EITHER
 the prior  parking  violations  record  OR  THE  RECORD  OF  LIABILITIES
 INCURRED  IN  ACCORDANCE  WITH  SECTION  ELEVEN HUNDRED EIGHTY-E OF THIS
 CHAPTER of the person charged, AS APPLICABLE, prior to rendering a final
 determination. Final determinations  sustaining  or  dismissing  charges
 shall  be entered on a final determination roll maintained by the bureau
 together with records showing payment and nonpayment of penalties.
   § 7-i. Subdivision 2 of section 241 of the vehicle and traffic law, as
 amended by chapter 365 of the laws  of  1978,  is  amended  to  read  as
 follows:
   2.  Where  an operator or owner fails to enter a plea to a charge of a
 parking violation OR CONTEST AN  ALLEGATION  OF  LIABILITY  INCURRED  IN
 ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER or fails
 to  appear  on a designated hearing date or subsequent adjourned date or
 fails after a hearing to comply with  the  determination  of  a  hearing
 examiner,  as prescribed by this article or by rule or regulation of the
 bureau, such failure to  plead,  CONTEST,  appear  or  comply  shall  be
 deemed, for all purposes, an admission of liability and shall be grounds
 for  rendering  and entering a default judgment in an amount provided by
 the rules and regulations of the bureau. However, after  the  expiration
 of  the  original  date  prescribed for entering a plea OR CONTESTING AN
 ALLEGATION and before a default judgment may be rendered, in  such  case
 the  bureau  shall  pursuant  to the applicable provisions of law notify
 such operator or owner, by such form of first class mail as the  commis-
 sion  may  direct; (1) of the violation charged, OR LIABILITY IN ACCORD-
 ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER  ALLEGED,  (2)
 of  the  impending  default  judgment,  (3)  that  such judgment will be
 entered in the Civil Court of the city in  which  the  bureau  has  been
 established,  or  other  court  of civil jurisdiction or any other place
 provided for the entry of civil judgments within the state of New  York,
 and  (4)  that a default may be avoided by entering a plea OR CONTESTING
 AN ALLEGATION OF LIABILITY IN ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
 EIGHTY-E  OF  THIS CHAPTER or making an appearance within thirty days of
 the sending of such notice.  Pleas  entered  AND  ALLEGATIONS  CONTESTED
 within  that  period shall be in the manner prescribed in the notice and
 not subject to additional penalty  or  fee.  Such  notice  of  impending
 default  judgment shall not be required prior to the rendering and entry
 thereof in the case of operators or owners who are non-residents of  the
 state  of  New York. In no case shall a default judgment be rendered or,
 where required, a notice of impending default  judgment  be  sent,  more
 than  two years after the expiration of the time prescribed for entering
 a plea OR CONTESTING AN ALLEGATION. When a person has demanded  a  hear-
 ing,  no  fine  or penalty shall be imposed for any reason, prior to the
 holding of the hearing. If the hearing examiner shall  make  a  determi-
 nation on the charges, sustaining them, he OR SHE shall impose no great-
 er  penalty  or  fine  than  those  upon which the person was originally
 charged.
   § 8. The vehicle and traffic law is amended by adding  a  new  section
 1180-e to read as follows:

 S. 2508--B                         49
 
   §  1180-E.  OWNER  LIABILITY  FOR  FAILURE  OF OPERATOR TO COMPLY WITH
 CERTAIN POSTED MAXIMUM SPEED LIMITS. (A) 1.  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF  LAW, THE COMMISSIONER OF TRANSPORTATION IS HEREBY AUTHOR-
 IZED TO ESTABLISH A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON
 THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
 POSTED  MAXIMUM  SPEED  LIMITS  IN A HIGHWAY CONSTRUCTION OR MAINTENANCE
 WORK AREA WHEN HIGHWAY CONSTRUCTION OR MAINTENANCE WORK IS OCCURRING AND
 LOCATED ON AN INTERSTATE  OR  AUXILIARY  INTERSTATE  HIGHWAY  UNDER  THE
 COMMISSIONER'S  JURISDICTION  (I)  WHEN  A  WORK  AREA SPEED LIMIT IS IN
 EFFECT AS PROVIDED IN PARAGRAPH TWO OF SUBDIVISION  (D)  OR  SUBDIVISION
 (F)  OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE OR (II) WHEN OTHER
 SPEED LIMITS ARE IN EFFECT AS PROVIDED IN  SUBDIVISION  (B)  OR  (G)  OR
 PARAGRAPH  ONE  OF  SUBDIVISION  (D) OF SECTION ELEVEN HUNDRED EIGHTY OF
 THIS ARTICLE. SUCH DEMONSTRATION PROGRAM SHALL EMPOWER THE  COMMISSIONER
 TO  INSTALL PHOTO SPEED VIOLATION MONITORING SYSTEMS WITHIN NO MORE THAN
 FIFTEEN HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREAS LOCATED ON INTER-
 STATE OR AUXILIARY INTERSTATE HIGHWAYS UNDER THE  COMMISSIONER'S  JURIS-
 DICTION AND TO OPERATE SUCH SYSTEMS WHEN HIGHWAY CONSTRUCTION OR MAINTE-
 NANCE  WORK  IS  OCCURRING  AND WITHIN SUCH WORK AREAS (III) WHEN A WORK
 AREA SPEED LIMIT IS IN EFFECT AS PROVIDED IN PARAGRAPH TWO  OF  SUBDIVI-
 SION  (D)  OR  SUBDIVISION  (F) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS
 ARTICLE OR (IV) WHEN OTHER SPEED LIMITS ARE IN  EFFECT  AS  PROVIDED  IN
 SUBDIVISION  (B)  OR  (G) OR PARAGRAPH ONE OF SUBDIVISION (D) OF SECTION
 ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.  THE COMMISSIONER,  IN  CONSULTA-
 TION  WITH  THE  SUPERINTENDENT  OF  THE DIVISION OF STATE POLICE, SHALL
 DETERMINE THE LOCATION OF THE HIGHWAY CONSTRUCTION OR  MAINTENANCE  WORK
 AREAS LOCATED ON AN INTERSTATE OR AUXILIARY INTERSTATE HIGHWAY UNDER THE
 JURISDICTION  OF  THE COMMISSIONER IN WHICH TO INSTALL AND OPERATE PHOTO
 SPEED VIOLATION MONITORING SYSTEMS. IN SELECTING A HIGHWAY  CONSTRUCTION
 OR  MAINTENANCE  WORK AREA IN WHICH TO INSTALL AND OPERATE A PHOTO SPEED
 VIOLATION MONITORING SYSTEM, THE COMMISSIONER  SHALL  CONSIDER  CRITERIA
 INCLUDING,  BUT NOT LIMITED TO, THE SPEED DATA, CRASH HISTORY, AND ROAD-
 WAY GEOMETRY APPLICABLE TO SUCH HIGHWAY CONSTRUCTION OR MAINTENANCE WORK
 AREA. A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL NOT  BE  INSTALLED
 OR OPERATED ON AN INTERSTATE OR AUXILIARY INTERSTATE HIGHWAY EXIT RAMP.
   2.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AFTER HOLDING A PUBLIC
 HEARING IN ACCORDANCE  WITH  THE  PUBLIC  OFFICERS  LAW  AND  SUBSEQUENT
 APPROVAL  BY  A MAJORITY OF THE MEMBERS OF THE ENTIRE BOARD THE CHAIR OF
 THE THRUWAY AUTHORITY IS HEREBY AUTHORIZED TO ESTABLISH A  DEMONSTRATION
 PROGRAM  IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
 URE OF AN OPERATOR THEREOF TO COMPLY WITH POSTED MAXIMUM SPEED LIMITS IN
 A  HIGHWAY  CONSTRUCTION  OR  MAINTENANCE   WORK   AREA   WHEN   HIGHWAY
 CONSTRUCTION OR MAINTENANCE WORK IS OCCURRING AND LOCATED ON THE THRUWAY
 (I)  WHEN  A WORK AREA SPEED LIMIT IS IN EFFECT AS PROVIDED IN PARAGRAPH
 TWO OF SUBDIVISION (D) OR SUBDIVISION  (F)  OF  SECTION  ELEVEN  HUNDRED
 EIGHTY  OF THIS ARTICLE OR (II) WHEN OTHER SPEED LIMITS ARE IN EFFECT AS
 PROVIDED IN SUBDIVISION (B) OR (G) OR PARAGRAPH ONE OF  SUBDIVISION  (D)
 OF  SECTION  ELEVEN  HUNDRED  EIGHTY OF THIS ARTICLE. SUCH DEMONSTRATION
 PROGRAM SHALL EMPOWER THE CHAIR TO INSTALL PHOTO SPEED  VIOLATION  MONI-
 TORING  SYSTEMS WITHIN NO MORE THAN FIVE HIGHWAY CONSTRUCTION OR MAINTE-
 NANCE WORK AREAS LOCATED ON THE THRUWAY AND TO OPERATE SUCH SYSTEMS WHEN
 HIGHWAY CONSTRUCTION OR MAINTENANCE WORK IS OCCURRING  AND  WITHIN  SUCH
 WORK  AREAS  (III) WHEN A WORK AREA SPEED LIMIT IS IN EFFECT AS PROVIDED
 IN PARAGRAPH TWO OF SUBDIVISION (D) OR SUBDIVISION (F) OF SECTION ELEVEN
 HUNDRED EIGHTY OF THIS ARTICLE OR (IV) WHEN OTHER SPEED  LIMITS  ARE  IN
 EFFECT  AS PROVIDED IN SUBDIVISION (B) OR (G) OR PARAGRAPH ONE OF SUBDI-

 S. 2508--B                         50
 
 VISION (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. THE  CHAIR,
 IN CONSULTATION WITH THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE,
 SHALL  DETERMINE THE LOCATION OF THE HIGHWAY CONSTRUCTION OR MAINTENANCE
 WORK  AREAS LOCATED ON THE THRUWAY IN WHICH TO INSTALL AND OPERATE PHOTO
 SPEED VIOLATION MONITORING SYSTEMS. IN SELECTING A HIGHWAY  CONSTRUCTION
 OR  MAINTENANCE  WORK AREA IN WHICH TO INSTALL AND OPERATE A PHOTO SPEED
 VIOLATION MONITORING SYSTEM, THE CHAIR SHALL CONSIDER  CRITERIA  INCLUD-
 ING,  BUT  NOT  LIMITED  TO,  THE SPEED DATA, CRASH HISTORY, AND ROADWAY
 GEOMETRY APPLICABLE TO SUCH HIGHWAY  CONSTRUCTION  OR  MAINTENANCE  WORK
 AREA.  A  PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL NOT BE INSTALLED
 OR OPERATED ON A THRUWAY EXIT RAMP.
   3. NO PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE USED IN A HIGH-
 WAY CONSTRUCTION OR MAINTENANCE WORK AREA UNLESS (I) ON THE DAY IT IS TO
 BE USED IT HAS SUCCESSFULLY PASSED A SELF-TEST  OF  ITS  FUNCTIONS;  AND
 (II)  IT HAS UNDERGONE AN ANNUAL CALIBRATION CHECK PERFORMED PURSUANT TO
 PARAGRAPH FIVE OF THIS SUBDIVISION. THE COMMISSIONER OR CHAIR, AS APPLI-
 CABLE, SHALL INSTALL SIGNS GIVING NOTICE THAT A  PHOTO  SPEED  VIOLATION
 MONITORING  SYSTEM  IS IN USE, IN CONFORMANCE WITH STANDARDS ESTABLISHED
 IN THE MUTCD.
   4. OPERATORS OF PHOTO SPEED VIOLATION MONITORING  SYSTEMS  SHALL  HAVE
 COMPLETED  TRAINING IN THE PROCEDURES FOR SETTING UP, TESTING, AND OPER-
 ATING SUCH SYSTEMS. EACH SUCH OPERATOR SHALL COMPLETE AND SIGN  A  DAILY
 SET-UP  LOG FOR EACH SUCH SYSTEM THAT HE OR SHE OPERATES THAT (I) STATES
 THE DATE AND TIME WHEN, AND THE LOCATION WHERE, THE SYSTEM  WAS  SET  UP
 THAT DAY, AND (II) STATES THAT SUCH OPERATOR SUCCESSFULLY PERFORMED, AND
 THE  SYSTEM  PASSED,  THE  SELF-TESTS  OF SUCH SYSTEM BEFORE PRODUCING A
 RECORDED IMAGE THAT DAY. THE COMMISSIONER OR THE CHAIR,  AS  APPLICABLE,
 SHALL  RETAIN  EACH  SUCH DAILY LOG UNTIL THE LATER OF THE DATE ON WHICH
 THE PHOTO SPEED VIOLATION MONITORING SYSTEM TO WHICH IT APPLIES HAS BEEN
 PERMANENTLY REMOVED FROM USE  OR  THE  FINAL  RESOLUTION  OF  ALL  CASES
 INVOLVING  NOTICES OF LIABILITY ISSUED BASED ON PHOTOGRAPHS, MICROPHOTO-
 GRAPHS, VIDEO OR OTHER RECORDED IMAGES PRODUCED BY SUCH SYSTEM.
   5. EACH PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL UNDERGO AN ANNU-
 AL CALIBRATION CHECK PERFORMED BY AN INDEPENDENT CALIBRATION  LABORATORY
 WHICH  SHALL ISSUE A SIGNED CERTIFICATE OF CALIBRATION. THE COMMISSIONER
 OR THE CHAIR, AS APPLICABLE, SHALL KEEP EACH SUCH ANNUAL CERTIFICATE  OF
 CALIBRATION  ON FILE UNTIL THE FINAL RESOLUTION OF ALL CASES INVOLVING A
 NOTICE OF LIABILITY ISSUED DURING SUCH YEAR WHICH WERE BASED  ON  PHOTO-
 GRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY
 SUCH PHOTO SPEED VIOLATION MONITORING SYSTEM.
   6. (I) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES
 TO  ENSURE,  TO  THE  EXTENT  PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTO-
 GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO  SPEED
 VIOLATION  MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE
 DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEV-
 ER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE
 DISMISSED SOLELY BECAUSE SUCH A PHOTOGRAPH,  MICROPHOTOGRAPH,  VIDEOTAPE
 OR OTHER RECORDED IMAGE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE
 PASSENGERS,  OR  THE  CONTENTS OF VEHICLES WHERE THE COMMISSIONER OR THE
 CHAIR, AS APPLICABLE, SHOWS THAT THEY MADE REASONABLE EFFORTS TO  COMPLY
 WITH THE PROVISIONS OF THIS PARAGRAPH IN SUCH CASE.
   (II)  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR ANY OTHER RECORDED
 IMAGE FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL  BE  FOR  THE
 EXCLUSIVE  USE  OF THE COMMISSIONER OR THE CHAIR, AS APPLICABLE, FOR THE
 PURPOSE OF THE  ADJUDICATION  OF  LIABILITY  IMPOSED  PURSUANT  TO  THIS
 SECTION  AND  OF  THE  OWNER RECEIVING A NOTICE OF LIABILITY PURSUANT TO

 S. 2508--B                         51
 
 THIS SECTION, AND SHALL BE DESTROYED BY THE COMMISSIONER  OR  CHAIR,  AS
 APPLICABLE,  UPON  THE  FINAL  RESOLUTION  OF THE NOTICE OF LIABILITY TO
 WHICH SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE  OR  OTHER  RECORDED
 IMAGES RELATE, OR ONE YEAR FOLLOWING THE DATE OF ISSUANCE OF SUCH NOTICE
 OF  LIABILITY, WHICHEVER IS LATER. NOTWITHSTANDING THE PROVISIONS OF ANY
 OTHER LAW, RULE OR REGULATION TO THE CONTRARY, PHOTOGRAPHS,  MICROPHOTO-
 GRAPHS,  VIDEOTAPE  OR  ANY  OTHER  RECORDED  IMAGE  FROM  A PHOTO SPEED
 VIOLATION MONITORING SYSTEM SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT
 TO CIVIL OR CRIMINAL PROCESS OR DISCOVERY, NOR  USED  BY  ANY  COURT  OR
 ADMINISTRATIVE  OR ADJUDICATORY BODY IN ANY ACTION OR PROCEEDING THEREIN
 EXCEPT THAT WHICH IS NECESSARY FOR  THE  ADJUDICATION  OF  A  NOTICE  OF
 LIABILITY  ISSUED  PURSUANT  TO  THIS  SECTION,  AND NO PUBLIC ENTITY OR
 EMPLOYEE, OFFICER OR AGENT  THEREOF  SHALL  DISCLOSE  SUCH  INFORMATION,
 EXCEPT  THAT  SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER
 RECORDED IMAGES FROM SUCH SYSTEMS:
   (A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR
 VEHICLE OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS,  MICROPHOTO-
 GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES ARE REQUIRED TO BE MAINTAINED
 OR ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND
   (B)  (1)  SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED
 BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE
 SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE  LAW  OR  A  FEDERAL  COURT
 AUTHORIZED  TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE SUCH
 SEARCH WARRANT STATES THAT THERE IS REASONABLE  CAUSE  TO  BELIEVE  SUCH
 INFORMATION  CONSTITUTES  EVIDENCE  OF,  OR TENDS TO DEMONSTRATE THAT, A
 MISDEMEANOR OR FELONY OFFENSE WAS COMMITTED IN  THIS  STATE  OR  ANOTHER
 STATE,  OR  THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION OF A
 MISDEMEANOR OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE,  PROVIDED,
 HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE
 COURT  SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH OFFENSE
 WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A  MISDEMEANOR  OR  FELONY
 AGAINST THE LAWS OF THIS STATE; AND
   (2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY
 A  JUDGE  OF  COMPETENT  JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX
 HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF  A
 FEDERAL  COURT  AUTHORIZED  TO  ISSUE  SUCH A SUBPOENA DUCES TECUM UNDER
 FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS
 REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO
 THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY  AN  AUTHORIZED
 LAW  ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR
 FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT  IF  SUCH
 OFFENSE  WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE
 SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT  COMPRISING  SUCH  OFFENSE
 WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN
 THIS STATE; AND
   (3)  MAY,  IF LAWFULLY OBTAINED PURSUANT TO THIS CLAUSE AND CLAUSE (A)
 OF THIS SUBPARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH  CRIMINAL
 ACTION OR PROCEEDING.
   (B)  IF  THE COMMISSIONER OR CHAIR ESTABLISHES A DEMONSTRATION PROGRAM
 PURSUANT TO SUBDIVISION (A) OF THIS SECTION,  THE  OWNER  OF  A  VEHICLE
 SHALL  BE  LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH
 VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE  OWNER,  EXPRESS
 OR  IMPLIED,  WITHIN  A  HIGHWAY  CONSTRUCTION  OR MAINTENANCE WORK AREA
 LOCATED ON A CONTROLLED-ACCESS HIGHWAY UNDER  THE  JURISDICTION  OF  THE
 COMMISSIONER OR ON THE THRUWAY IN VIOLATION OF PARAGRAPH TWO OF SUBDIVI-
 SION (D) OR SUBDIVISION (F), OR WHEN OTHER SPEED LIMITS ARE IN EFFECT IN

 S. 2508--B                         52

 VIOLATION OF SUBDIVISION (B) OR (G) OR PARAGRAPH ONE OF SUBDIVISION (D),
 OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, SUCH VEHICLE WAS TRAV-
 ELING  AT A SPEED OF MORE THAN TEN MILES PER HOUR ABOVE THE POSTED SPEED
 LIMIT  IN  EFFECT  WITHIN  SUCH HIGHWAY CONSTRUCTION OR MAINTENANCE WORK
 AREA, AND SUCH VIOLATION IS EVIDENCED BY  INFORMATION  OBTAINED  FROM  A
 PHOTO  SPEED VIOLATION MONITORING SYSTEM; PROVIDED HOWEVER THAT NO OWNER
 OF A VEHICLE SHALL BE LIABLE FOR A  PENALTY  IMPOSED  PURSUANT  TO  THIS
 SECTION  WHERE  THE  OPERATOR  OF SUCH VEHICLE HAS BEEN CONVICTED OF THE
 UNDERLYING VIOLATION OF SUBDIVISION (B), (D),  (F)  OR  (G)  OF  SECTION
 ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
   (C)  FOR  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   1. "CHAIR" SHALL MEAN THE CHAIR OF THE NEW YORK STATE THRUWAY AUTHORI-
 TY;
   2. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF TRANSPORTATION;
   3. "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD"  SHALL  MEAN
 THE  MANUAL  AND  SPECIFICATIONS FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL
 DEVICES MAINTAINED BY THE COMMISSIONER  OF  TRANSPORTATION  PURSUANT  TO
 SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER;
   4.  "OWNER"  SHALL  HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
 CHAPTER;
   5. "PHOTO SPEED VIOLATION MONITORING  SYSTEM"  SHALL  MEAN  A  VEHICLE
 SENSOR  INSTALLED  TO  WORK IN CONJUNCTION WITH A SPEED MEASURING DEVICE
 WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE MICRO-
 PHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE
 TIME IT IS USED OR OPERATED IN A  HIGHWAY  CONSTRUCTION  OR  MAINTENANCE
 WORK  AREA LOCATED ON A CONTROLLED-ACCESS HIGHWAY UNDER THE JURISDICTION
 OF THE COMMISSIONER OR ON THE THRUWAY IN VIOLATION OF  SUBDIVISION  (B),
 (D),  (F)  OR  (G)  OF  SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE IN
 ACCORDANCE WITH THE PROVISIONS OF THIS SECTION;
   6. "THRUWAY AUTHORITY" SHALL MEAN THE NEW YORK STATE THRUWAY  AUTHORI-
 TY,  A  BODY  CORPORATE  AND  POLITIC  CONSTITUTING A PUBLIC CORPORATION
 CREATED AND CONSTITUTED PURSUANT TO TITLE NINE OF  ARTICLE  TWO  OF  THE
 PUBLIC AUTHORITIES LAW; AND
   7.  "THRUWAY"  SHALL MEAN GENERALLY A DIVIDED HIGHWAY UNDER THE JURIS-
 DICTION OF THE THRUWAY AUTHORITY FOR MIXED TRAFFIC WITH  ACCESS  LIMITED
 AS  THE  AUTHORITY MAY DETERMINE AND GENERALLY WITH GRADE SEPARATIONS AT
 INTERSECTIONS.
   (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
 THE  COMMISSIONER  OR CHAIR AS APPLICABLE, OR A FACSIMILE THEREOF, BASED
 UPON INSPECTION OF PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER
 RECORDED  IMAGES  PRODUCED BY A PHOTO SPEED VIOLATION MONITORING SYSTEM,
 SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTO-
 GRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES  EVIDENCING
 SUCH A VIOLATION SHALL INCLUDE AT LEAST TWO DATE AND TIME STAMPED IMAGES
 OF THE REAR OF THE MOTOR VEHICLE THAT INCLUDE THE SAME STATIONARY OBJECT
 NEAR  THE MOTOR VEHICLE AND SHALL BE AVAILABLE FOR INSPECTION REASONABLY
 IN ADVANCE OF AND AT ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH
 VIOLATION PURSUANT TO THIS SECTION.
   (E) AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B),  (D),  (F)  OR
 (G)  OF  SECTION  ELEVEN  HUNDRED  EIGHTY  OF THIS ARTICLE PURSUANT TO A
 DEMONSTRATION PROGRAM ESTABLISHED PURSUANT  TO  THIS  SECTION  SHALL  BE
 LIABLE  FOR  MONETARY  PENALTIES NOT TO EXCEED FIFTY DOLLARS FOR A FIRST
 VIOLATION, SEVENTY-FIVE DOLLARS FOR A SECOND VIOLATION COMMITTED  WITHIN
 A  PERIOD  OF  EIGHTEEN  MONTHS,  AND ONE HUNDRED DOLLARS FOR A THIRD OR
 SUBSEQUENT VIOLATION COMMITTED WITHIN EIGHTEEN MONTHS  OF  THE  PREVIOUS

 S. 2508--B                         53
 
 VIOLATIONS;  PROVIDED, HOWEVER, THAT AN ADDITIONAL PENALTY NOT IN EXCESS
 OF TWENTY-FIVE DOLLARS FOR EACH VIOLATION MAY BE IMPOSED FOR THE FAILURE
 TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
   (F)  AN IMPOSITION OF LIABILITY UNDER THE DEMONSTRATION PROGRAM ESTAB-
 LISHED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION  AS  AN
 OPERATOR  AND  SHALL  NOT  BE  MADE  PART OF THE OPERATING RECORD OF THE
 PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR  SHALL  IT  BE  USED  FOR
 INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
   (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
 PERSON  ALLEGED  TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
 (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY  OF  THIS  ARTICLE
 PURSUANT TO THIS SECTION, WITHIN FOURTEEN BUSINESS DAYS IF SUCH OWNER IS
 A  RESIDENT  OF  THIS  STATE AND WITHIN FORTY-FIVE BUSINESS DAYS IF SUCH
 OWNER IS A NON-RESIDENT. PERSONAL DELIVERY ON THE  OWNER  SHALL  NOT  BE
 REQUIRED.  A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDI-
 NARY COURSE OF BUSINESS SHALL BE  PRIMA  FACIE  EVIDENCE  OF  THE  FACTS
 CONTAINED THEREIN.
   2.  A  NOTICE  OF  LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION  OF  SUBDIVISION
 (B),  (D),  (F)  OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE
 PURSUANT TO  THIS  SECTION,  THE  REGISTRATION  NUMBER  OF  THE  VEHICLE
 INVOLVED  IN  SUCH  VIOLATION,  THE  LOCATION  WHERE SUCH VIOLATION TOOK
 PLACE, THE DATE AND TIME OF SUCH VIOLATION, THE IDENTIFICATION NUMBER OF
 THE CAMERA WHICH  RECORDED  THE  VIOLATION  OR  OTHER  DOCUMENT  LOCATOR
 NUMBER,  AT  LEAST  TWO  DATE AND TIME STAMPED IMAGES OF THE REAR OF THE
 MOTOR VEHICLE THAT INCLUDE THE SAME STATIONARY  OBJECT  NEAR  THE  MOTOR
 VEHICLE, AND THE CERTIFICATE CHARGING THE LIABILITY.
   3.  THE  NOTICE  OF  LIABILITY  SHALL CONTAIN INFORMATION ADVISING THE
 PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
 THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
 CONTAIN A PROMINENT WARNING TO ADVISE THE PERSON CHARGED THAT FAILURE TO
 CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION  OF
 LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
   4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE COMMIS-
 SIONER  OR CHAIR AS APPLICABLE, OR BY ANY OTHER ENTITY AUTHORIZED BY THE
 COMMISSIONER OR CHAIR TO PREPARE AND MAIL SUCH NOTICE OF LIABILITY.
   (H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF THIS  SECTION
 SHALL  BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION
 THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW WHERE  THE  VIOLATION
 OCCURRED  OR,  IF  THERE  BE NONE, BY THE COURT HAVING JURISDICTION OVER
 TRAFFIC INFRACTIONS WHERE THE VIOLATION OCCURRED, EXCEPT THAT IF A  CITY
 HAS  ESTABLISHED  AN  ADMINISTRATIVE  TRIBUNAL  TO  HEAR  AND  DETERMINE
 COMPLAINTS OF TRAFFIC  INFRACTIONS  CONSTITUTING  PARKING,  STANDING  OR
 STOPPING  VIOLATIONS SUCH CITY MAY, BY LOCAL LAW, AUTHORIZE SUCH ADJUDI-
 CATION BY SUCH TRIBUNAL.
   (I) IF AN OWNER RECEIVES  A  NOTICE  OF  LIABILITY  PURSUANT  TO  THIS
 SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE OR THE NUMBER PLATE
 OR  PLATES  OF  SUCH  VEHICLE  WAS  REPORTED TO THE POLICE DEPARTMENT AS
 HAVING BEEN STOLEN, IT SHALL BE A VALID  DEFENSE  TO  AN  ALLEGATION  OF
 LIABILITY FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION
 ELEVEN  HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION THAT THE
 VEHICLE OR THE NUMBER PLATE OR PLATES OF SUCH VEHICLE HAD BEEN  REPORTED
 TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD
 NOT  BEEN  RECOVERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE
 PROVIDED BY THIS SUBDIVISION, IT SHALL BE SUFFICIENT  THAT  A  CERTIFIED
 COPY  OF  THE  POLICE  REPORT  ON  THE STOLEN VEHICLE OR NUMBER PLATE OR

 S. 2508--B                         54
 
 PLATES OF SUCH VEHICLE BE SENT  BY  FIRST  CLASS  MAIL  TO  THE  TRAFFIC
 VIOLATIONS  BUREAU,  COURT  HAVING  JURISDICTION  OR  PARKING VIOLATIONS
 BUREAU.
   (J)  1. WHERE THE ADJUDICATION OF LIABILITY IMPOSED UPON OWNERS PURSU-
 ANT TO THIS SECTION IS BY A TRAFFIC VIOLATIONS BUREAU OR A COURT  HAVING
 JURISDICTION, AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
 LIABILITY  WAS  ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
 NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (B), (D), (F) OR  (G)  OF
 SECTION  ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION,
 PROVIDED THAT HE OR SHE SENDS TO THE TRAFFIC VIOLATIONS BUREAU OR  COURT
 HAVING  JURISDICTION  A COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT
 DOCUMENT COVERING SUCH VEHICLE ON THE DATE OF THE  VIOLATION,  WITH  THE
 NAME AND ADDRESS OF THE LESSEE CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS
 AFTER  RECEIVING NOTICE FROM THE BUREAU OR COURT OF THE DATE AND TIME OF
 SUCH VIOLATION, TOGETHER WITH THE OTHER  INFORMATION  CONTAINED  IN  THE
 ORIGINAL  NOTICE  OF  LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN
 SUCH THIRTY-SEVEN DAY TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR  THE
 PENALTY  PRESCRIBED BY THIS SECTION.  WHERE THE LESSOR COMPLIES WITH THE
 PROVISIONS OF THIS PARAGRAPH, THE LESSEE OF SUCH VEHICLE ON THE DATE  OF
 SUCH  VIOLATION  SHALL  BE  DEEMED  TO  BE THE OWNER OF SUCH VEHICLE FOR
 PURPOSES OF  THIS  SECTION,  SHALL  BE  SUBJECT  TO  LIABILITY  FOR  THE
 VIOLATION  OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
 EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION  AND  SHALL  BE  SENT  A
 NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS SECTION.
   2.  (I) IN A CITY WHICH, BY LOCAL LAW, HAS AUTHORIZED THE ADJUDICATION
 OF LIABILITY IMPOSED UPON OWNERS BY THIS SECTION BY A PARKING VIOLATIONS
 BUREAU, AN OWNER WHO IS A LESSOR OF A  VEHICLE  TO  WHICH  A  NOTICE  OF
 LIABILITY  WAS  ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
 NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (B), (D), (F) OR  (G)  OF
 SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT:
   (A)  PRIOR  TO  THE VIOLATION, THE LESSOR HAS FILED WITH THE BUREAU IN
 ACCORDANCE WITH THE PROVISIONS OF SECTION  TWO  HUNDRED  THIRTY-NINE  OF
 THIS CHAPTER; AND
   (B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OF
 THE  DATE  AND  TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
 CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE
 BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI-
 FIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION,  TOGETHER
 WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR
 OTHER  CONTRACT  DOCUMENT,  AS  MAY BE REASONABLY REQUIRED BY THE BUREAU
 PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
   (II) FAILURE TO COMPLY WITH CLAUSE (B) OF  SUBPARAGRAPH  (I)  OF  THIS
 PARAGRAPH  SHALL  RENDER  THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
 THIS SECTION.
   (III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH,
 THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED
 TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION,  SHALL  BE
 SUBJECT  TO  LIABILITY  FOR  SUCH VIOLATION PURSUANT TO THIS SECTION AND
 SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF  THIS
 SECTION.
   (K)  1.  IF  THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B), (D),
 (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT  TO
 THIS  SECTION  WAS  NOT  THE  OPERATOR OF THE VEHICLE AT THE TIME OF THE
 VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION  AGAINST
 THE OPERATOR.

 S. 2508--B                         55
 
   2.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
 VEHICLE SHALL BE SUBJECT TO A MONETARY FINE  IMPOSED  PURSUANT  TO  THIS
 SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
 OUT  THE  CONSENT  OF  THE OWNER AT THE TIME SUCH OPERATOR OPERATED SUCH
 VEHICLE  IN  VIOLATION  OF  SUBDIVISION  (B), (D), (F) OR (G) OF SECTION
 ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.  FOR PURPOSES OF THIS SUBDIVISION
 THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPER-
 ATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERA-
 TOR OPERATED SUCH VEHICLE IN VIOLATION OF SUBDIVISION (B), (D),  (F)  OR
 (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
   (L)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
 OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION  (B),  (D),
 (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
   (M) IF THE COMMISSIONER OR CHAIR ADOPTS A DEMONSTRATION PROGRAM PURSU-
 ANT  TO  SUBDIVISION  (A)  OF THIS SECTION THE COMMISSIONER OR CHAIR, AS
 APPLICABLE, SHALL CONDUCT A STUDY AND SUBMIT A REPORT ON THE RESULTS  OF
 THE USE OF PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE  AND  THE  SPEAKER  OF  THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO
 THOUSAND TWENTY-ONE AND ON THE SAME DATE  IN  EACH  SUCCEEDING  YEAR  IN
 WHICH  THE DEMONSTRATION PROGRAM IS OPERABLE.  THE COMMISSIONER OR CHAIR
 SHALL ALSO MAKE SUCH REPORTS AVAILABLE ON THEIR PUBLIC-FACING  WEBSITES,
 PROVIDED THAT THEY MAY PROVIDE AGGREGATE DATA FROM PARAGRAPH ONE OF THIS
 SUBDIVISION  IF  THE COMMISSIONER OR CHAIR FINDS THAT PROVIDING SPECIFIC
 LOCATION DATA  WOULD  JEOPARDIZE  PUBLIC  SAFETY.    SUCH  REPORT  SHALL
 INCLUDE:
   1. THE LOCATIONS WHERE AND DATES WHEN PHOTO SPEED VIOLATION MONITORING
 SYSTEMS WERE USED;
   2.  THE  AGGREGATE  NUMBER,  TYPE AND SEVERITY OF CRASHES, FATALITIES,
 INJURIES AND PROPERTY DAMAGE REPORTED WITHIN ALL HIGHWAY CONSTRUCTION OR
 MAINTENANCE WORK AREAS ON CONTROLLED-ACCESS HIGHWAYS UNDER THE JURISDIC-
 TION OF THE COMMISSIONER OR ON THE THRUWAY, TO THE EXTENT  THE  INFORMA-
 TION IS MAINTAINED BY THE COMMISSIONER, CHAIR OR THE DEPARTMENT OF MOTOR
 VEHICLES OF THIS STATE;
   3.  THE  AGGREGATE  NUMBER,  TYPE AND SEVERITY OF CRASHES, FATALITIES,
 INJURIES AND PROPERTY DAMAGE REPORTED  WITHIN  HIGHWAY  CONSTRUCTION  OR
 MAINTENANCE  WORK  AREAS  WHERE PHOTO SPEED VIOLATION MONITORING SYSTEMS
 WERE USED, TO THE EXTENT THE INFORMATION IS MAINTAINED  BY  THE  COMMIS-
 SIONER, CHAIR OR THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
   4.  THE  NUMBER OF VIOLATIONS RECORDED WITHIN ALL HIGHWAY CONSTRUCTION
 OR MAINTENANCE WORK AREAS ON CONTROLLED-ACCESS HIGHWAYS UNDER THE JURIS-
 DICTION OF THE COMMISSIONER OR ON THE THRUWAY, IN  THE  AGGREGATE  ON  A
 DAILY,  WEEKLY  AND MONTHLY BASIS TO THE EXTENT THE INFORMATION IS MAIN-
 TAINED BY THE COMMISSIONER, CHAIR OR THE DEPARTMENT OF MOTOR VEHICLES OF
 THIS STATE;
   5. THE NUMBER OF VIOLATIONS RECORDED WITHIN EACH HIGHWAY  CONSTRUCTION
 OR MAINTENANCE WORK AREA WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM
 IS USED, IN THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
   6.  TO  THE  EXTENT THE INFORMATION IS MAINTAINED BY THE COMMISSIONER,
 CHAIR OR THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE, THE  NUMBER  OF
 VIOLATIONS  RECORDED WITHIN ALL HIGHWAY CONSTRUCTION OR MAINTENANCE WORK
 AREAS ON  CONTROLLED-ACCESS  HIGHWAYS  UNDER  THE  JURISDICTION  OF  THE
 COMMISSIONER OR ON THE THRUWAY THAT WERE:
   (I)  MORE  THAN  TEN  BUT NOT MORE THAN TWENTY MILES PER HOUR OVER THE
 POSTED SPEED LIMIT;
   (II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE
 POSTED SPEED LIMIT;

 S. 2508--B                         56
 
   (III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE
 POSTED SPEED LIMIT; AND
   (IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT;
   7.  THE NUMBER OF VIOLATIONS RECORDED WITHIN EACH HIGHWAY CONSTRUCTION
 OR MAINTENANCE WORK AREA WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM
 IS USED THAT WERE:
   (I) MORE THAN TEN BUT NOT MORE THAN TWENTY MILES  PER  HOUR  OVER  THE
 POSTED SPEED LIMIT;
   (II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE
 POSTED SPEED LIMIT;
   (III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE
 POSTED SPEED LIMIT; AND
   (IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT;
   8.  THE  TOTAL  NUMBER  OF  NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
 RECORDED BY SUCH SYSTEMS;
   9. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE  FIRST
 NOTICE  OF  LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS, TO
 THE EXTENT THE INFORMATION IS MAINTAINED BY THE COMMISSIONER,  CHAIR  OR
 THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
   10. THE NUMBER OF VIOLATIONS ADJUDICATED AND THE RESULTS OF SUCH ADJU-
 DICATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR VIOLATIONS
 RECORDED BY SUCH SYSTEMS, TO THE EXTENT THE INFORMATION IS MAINTAINED BY
 THE COMMISSIONER, CHAIR OR THE DEPARTMENT  OF  MOTOR  VEHICLES  OF  THIS
 STATE;
   11.  THE  TOTAL  AMOUNT  OF  REVENUE  REALIZED BY THE STATE OR THRUWAY
 AUTHORITY IN CONNECTION WITH THE PROGRAM;
   12. THE EXPENSES INCURRED BY THE STATE OR  THE  THRUWAY  AUTHORITY  IN
 CONNECTION WITH THE PROGRAM;
   13. AN ITEMIZED LIST OF EXPENDITURES MADE BY THE STATE AND THE THRUWAY
 AUTHORITY  ON  WORK ZONE SAFETY PROJECTS IN ACCORDANCE WITH SUBDIVISIONS
 ELEVEN AND TWELVE OF SECTION EIGHTEEN HUNDRED THREE OF THIS CHAPTER; AND
   14. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS  RESULTS,  TO  THE
 EXTENT  THE  INFORMATION IS MAINTAINED BY THE COMMISSIONER, CHAIR OR THE
 DEPARTMENT OF MOTOR VEHICLES OF THIS STATE.
   (N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
 VISION (B), (D), (F) OR (G) OF SECTION ELEVEN  HUNDRED  EIGHTY  OF  THIS
 ARTICLE  PURSUANT  TO THIS SECTION THAT SUCH PHOTO SPEED VIOLATION MONI-
 TORING SYSTEM WAS MALFUNCTIONING AT THE TIME OF THE ALLEGED VIOLATION.
   § 9. The opening paragraph and  paragraph  (c)  of  subdivision  1  of
 section  1809  of  the vehicle and traffic law, as separately amended by
 section 10 of chapter 145 and section 9 of chapter 148 of  the  laws  of
 2019, are amended to read as follows:
   Whenever  proceedings in an administrative tribunal or a court of this
 state result in a conviction for an offense  under  this  chapter  or  a
 traffic  infraction  under this chapter, or a local law, ordinance, rule
 or regulation adopted pursuant to this chapter,  other  than  a  traffic
 infraction  involving  standing,  stopping,  or parking or violations by
 pedestrians or bicyclists, or other than an adjudication of liability of
 an owner for a violation of subdivision (d) of  section  eleven  hundred
 eleven  of  this  chapter  in  accordance  with  section  eleven hundred
 eleven-a of this chapter, or other than an adjudication of liability  of
 an  owner  for  a violation of subdivision (d) of section eleven hundred
 eleven of  this  chapter  in  accordance  with  section  eleven  hundred
 eleven-b  of  this  chapter, or other than an adjudication in accordance
 with section eleven hundred eleven-c of this chapter for a violation  of
 a  bus  lane  restriction  as  defined in such section, or other than an

 S. 2508--B                         57

 adjudication of liability of an owner for a violation of subdivision (d)
 of section eleven hundred eleven of  this  chapter  in  accordance  with
 section  eleven hundred eleven-d of this chapter, or other than an adju-
 dication  of  liability  of an owner for a violation of subdivision (b),
 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
 accordance with section eleven hundred  eighty-b  of  this  chapter,  or
 other  than  an adjudication of liability of an owner for a violation of
 subdivision (d) of section eleven hundred  eleven  of  this  chapter  in
 accordance  with  section  eleven  hundred  eleven-e of this chapter, or
 other than an adjudication of liability of an owner for a  violation  of
 section  eleven  hundred seventy-four of this chapter in accordance with
 section eleven hundred seventy-four-a of this chapter, or other than  an
 adjudication  of  liability  of  an owner for a violation of subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter in accordance with section eleven hundred eighty-d of this  chapter,
 OR  OTHER  THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION
 OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY  OF
 THIS  CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS
 CHAPTER, there shall be levied a  crime  victim  assistance  fee  and  a
 mandatory  surcharge,  in addition to any sentence required or permitted
 by law, in accordance with the following schedule:
   (c) Whenever proceedings in an administrative tribunal or a  court  of
 this  state  result  in  a  conviction for an offense under this chapter
 other than a crime pursuant to section eleven hundred ninety-two of this
 chapter, or a traffic infraction under this chapter,  or  a  local  law,
 ordinance,  rule  or  regulation adopted pursuant to this chapter, other
 than a traffic infraction involving standing, stopping,  or  parking  or
 violations  by  pedestrians or bicyclists, or other than an adjudication
 of liability of an owner for a violation of subdivision (d)  of  section
 eleven  hundred eleven of this chapter in accordance with section eleven
 hundred eleven-a of this chapter,  or  other  than  an  adjudication  of
 liability  of  an  owner  for  a violation of subdivision (d) of section
 eleven hundred eleven of this chapter in accordance with section  eleven
 hundred  eleven-b  of  this  chapter,  or  other than an adjudication of
 liability of an owner for a violation  of  subdivision  (d)  of  section
 eleven  hundred eleven of this chapter in accordance with section eleven
 hundred eleven-d of this chapter, or other than an  infraction  pursuant
 to article nine of this chapter or other than an adjudication of liabil-
 ity  of an owner for a violation of toll collection regulations pursuant
 to section two thousand nine hundred eighty-five of the public  authori-
 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
 hundred seventy-four of the laws of nineteen hundred fifty or other than
 an  adjudication  in  accordance with section eleven hundred eleven-c of
 this chapter for a violation of a bus lane  restriction  as  defined  in
 such section, or other than an adjudication of liability of an owner for
 a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
 hundred eighty of this chapter in accordance with section eleven hundred
 eighty-b of this chapter, or other than an adjudication of liability  of
 an  owner  for  a violation of subdivision (d) of section eleven hundred
 eleven of  this  chapter  in  accordance  with  section  eleven  hundred
 eleven-e  of this chapter, or other than an adjudication of liability of
 an owner for a violation of section eleven hundred seventy-four of  this
 chapter in accordance with section eleven hundred seventy-four-a of this
 chapter,  or  other  than an adjudication of liability of an owner for a
 violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
 hundred eighty of this chapter in accordance with section eleven hundred

 S. 2508--B                         58
 
 eighty-d  of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF
 AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF  SECTION
 ELEVEN  HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
 HUNDRED  EIGHTY-E  OF THIS CHAPTER, there shall be levied a crime victim
 assistance fee in the amount of five dollars and a mandatory  surcharge,
 in  addition to any sentence required or permitted by law, in the amount
 of fifty-five dollars.
   § 9-a. The opening paragraph and paragraph (c)  of  subdivision  1  of
 section 1809 of the vehicle and traffic law, as amended by section 10 of
 chapter 145 of the laws of 2019, are amended to read as follows:
   Whenever  proceedings in an administrative tribunal or a court of this
 state result in a conviction for an offense  under  this  chapter  or  a
 traffic  infraction  under this chapter, or a local law, ordinance, rule
 or regulation adopted pursuant to this chapter,  other  than  a  traffic
 infraction  involving  standing,  stopping,  or parking or violations by
 pedestrians or bicyclists, or other than an adjudication of liability of
 an owner for a violation of subdivision (d) of  section  eleven  hundred
 eleven  of  this  chapter  in  accordance  with  section  eleven hundred
 eleven-a of this chapter, or other than an adjudication of liability  of
 an  owner  for  a violation of subdivision (d) of section eleven hundred
 eleven of  this  chapter  in  accordance  with  section  eleven  hundred
 eleven-b  of  this  chapter, or other than an adjudication in accordance
 with section eleven hundred eleven-c of this chapter for a violation  of
 a  bus  lane  restriction  as  defined in such section, or other than an
 adjudication of liability of an owner for a violation of subdivision (d)
 of section eleven hundred eleven of  this  chapter  in  accordance  with
 section  eleven hundred eleven-d of this chapter, or other than an adju-
 dication of liability of an owner for a violation  of  subdivision  (b),
 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
 accordance  with  section  eleven  hundred  eighty-b of this chapter, or
 other than an adjudication of liability of an owner for a  violation  of
 subdivision  (d)  of  section  eleven  hundred eleven of this chapter in
 accordance with section eleven hundred  eleven-e  of  this  chapter,  OR
 OTHER  THAN  AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF
 SUBDIVISION (B), (D), (F) OR (G) OF SECTION  ELEVEN  HUNDRED  EIGHTY  OF
 THIS  CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS
 CHAPTER, or other than an adjudication of liability of an  owner  for  a
 violation  of  section  eleven  hundred  seventy-four of this chapter in
 accordance with section eleven hundred seventy-four-a of  this  chapter,
 there  shall  be  levied  a  crime victim assistance fee and a mandatory
 surcharge, in addition to any sentence required or permitted by law,  in
 accordance with the following schedule:
   (c)  Whenever  proceedings in an administrative tribunal or a court of
 this state result in a conviction for  an  offense  under  this  chapter
 other than a crime pursuant to section eleven hundred ninety-two of this
 chapter,  or  a  traffic  infraction under this chapter, or a local law,
 ordinance, rule or regulation adopted pursuant to  this  chapter,  other
 than  a  traffic  infraction involving standing, stopping, or parking or
 violations by pedestrians or bicyclists, or other than  an  adjudication
 of  liability  of an owner for a violation of subdivision (d) of section
 eleven hundred eleven of this chapter in accordance with section  eleven
 hundred  eleven-a  of  this  chapter,  or  other than an adjudication of
 liability of an owner for a violation  of  subdivision  (d)  of  section
 eleven  hundred eleven of this chapter in accordance with section eleven
 hundred eleven-b of this chapter,  or  other  than  an  adjudication  of
 liability  of  an  owner  for  a violation of subdivision (d) of section

 S. 2508--B                         59
 
 eleven hundred eleven of this chapter in accordance with section  eleven
 hundred  eleven-d  of this chapter, or other than an infraction pursuant
 to article nine of this chapter or other than an adjudication of liabil-
 ity  of an owner for a violation of toll collection regulations pursuant
 to section two thousand nine hundred eighty-five of the public  authori-
 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
 hundred seventy-four of the laws of nineteen hundred fifty or other than
 an  adjudication  in  accordance with section eleven hundred eleven-c of
 this chapter for a violation of a bus lane  restriction  as  defined  in
 such section, or other than an adjudication of liability of an owner for
 a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
 hundred eighty of this chapter in accordance with section eleven hundred
 eighty-b of this chapter, or other than an adjudication of liability  of
 an  owner  for  a violation of subdivision (d) of section eleven hundred
 eleven of  this  chapter  in  accordance  with  section  eleven  hundred
 eleven-e  of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF
 AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF  SECTION
 ELEVEN  HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
 HUNDRED EIGHTY-E OF THIS CHAPTER,  or  other  than  an  adjudication  of
 liability  of  an owner for a violation of section eleven hundred seven-
 ty-four of this chapter in accordance with section eleven hundred seven-
 ty-four-a of this chapter, there shall be levied a crime victim  assist-
 ance  fee  in  the  amount of five dollars and a mandatory surcharge, in
 addition to any sentence required or permitted by law, in the amount  of
 fifty-five dollars.
   §  9-b.  Subdivision 1 of section 1809 of the vehicle and traffic law,
 as separately amended by section 10-a of chapter 145 and section 9-a  of
 chapter 148 of the laws of 2019, is amended to read as follows:
   1.  Whenever  proceedings  in an administrative tribunal or a court of
 this state result in a conviction for a crime under this  chapter  or  a
 traffic  infraction  under this chapter, or a local law, ordinance, rule
 or regulation adopted pursuant to this chapter,  other  than  a  traffic
 infraction involving standing, stopping, parking or motor vehicle equip-
 ment  or violations by pedestrians or bicyclists, or other than an adju-
 dication of liability of an owner for a violation of subdivision (d)  of
 section eleven hundred eleven of this chapter in accordance with section
 eleven  hundred  eleven-a of this chapter, or other than an adjudication
 of liability of an owner for a violation of subdivision (d)  of  section
 eleven  hundred eleven of this chapter in accordance with section eleven
 hundred eleven-b of this chapter,  or  other  than  an  adjudication  in
 accordance  with  section  eleven hundred eleven-c of this chapter for a
 violation of a bus lane restriction as defined in such section, or other
 than an adjudication of liability of an owner for a violation of  subdi-
 vision  (d)  of section eleven hundred eleven of this chapter in accord-
 ance with section eleven hundred eleven-d of this chapter, or other than
 an adjudication of liability of an owner for a violation of  subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter  in accordance with section eleven hundred eighty-b of this chapter,
 or other than an adjudication of liability of an owner for  a  violation
 of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
 eighty of this chapter in accordance with section eleven hundred  eight-
 y-d  of  this  chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN
 OWNER FOR A VIOLATION OF SUBDIVISION (B), (D), (F)  OR  (G)  OF  SECTION
 ELEVEN  HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
 HUNDRED EIGHTY-E OF THIS CHAPTER,  or  other  than  an  adjudication  of
 liability  of  an  owner  for  a violation of subdivision (d) of section

 S. 2508--B                         60
 
 eleven hundred eleven of this chapter in accordance with section  eleven
 hundred  eleven-e  of  this  chapter,  or  other than an adjudication of
 liability of an owner for a violation of section eleven  hundred  seven-
 ty-four of this chapter in accordance with section eleven hundred seven-
 ty-four-a  of this chapter, there shall be levied a mandatory surcharge,
 in addition to any sentence required or permitted by law, in the  amount
 of twenty-five dollars.
   §  9-c.  Subdivision 1 of section 1809 of the vehicle and traffic law,
 as separately amended by section 10-b of chapter 145 and section 9-b  of
 chapter 148 of the laws of 2019, is amended to read as follows:
   1.  Whenever  proceedings  in an administrative tribunal or a court of
 this state result in a conviction for a crime under this  chapter  or  a
 traffic  infraction  under  this chapter other than a traffic infraction
 involving standing, stopping, parking  or  motor  vehicle  equipment  or
 violations  by  pedestrians or bicyclists, or other than an adjudication
 in accordance with section eleven hundred eleven-c of this chapter for a
 violation of a bus lane restriction as defined in such section, or other
 than an adjudication of liability of an owner for a violation of  subdi-
 vision  (d)  of section eleven hundred eleven of this chapter in accord-
 ance with section eleven hundred eleven-d of this chapter, or other than
 an adjudication of liability of an owner for a violation of  subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter  in accordance with section eleven hundred eighty-d of this chapter,
 OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR  A  VIOLATION
 OF  SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
 THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF  THIS
 CHAPTER,  or  other  than an adjudication of liability of an owner for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter in accordance with section eleven hundred eleven-e of this chap-
 ter,  or  other  than  an  adjudication  of  liability of an owner for a
 violation of section eleven hundred  seventy-four  of  this  chapter  in
 accordance  with  section eleven hundred seventy-four-a of this chapter,
 there shall be levied a mandatory surcharge, in addition to any sentence
 required or permitted by law, in the amount of seventeen dollars.
   § 9-d. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
 as  separately amended by section 10-c of chapter 145 and section 9-c of
 chapter 148 of the laws of 2019, is amended to read as follows:
   1. Whenever proceedings in an administrative tribunal or  a  court  of
 this  state  result  in a conviction for a crime under this chapter or a
 traffic infraction under this chapter other than  a  traffic  infraction
 involving  standing,  stopping,  parking  or  motor vehicle equipment or
 violations by pedestrians or bicyclists, or other than  an  adjudication
 of  liability  of an owner for a violation of subdivision (b), (c), (d),
 (f) or (g) of section eleven hundred eighty of this chapter  in  accord-
 ance with section eleven hundred eighty-b of this chapter, or other than
 an  adjudication of liability of an owner for a violation of subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter in accordance with section eleven hundred eighty-d of this  chapter,
 or  other  than an adjudication of liability of an owner for a violation
 of subdivision (d) of section eleven hundred eleven of this  chapter  in
 accordance  with  section  eleven  hundred  eleven-d of this chapter, OR
 OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A  VIOLATION  OF
 SUBDIVISION  (B),  (D),  (F)  OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
 THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF  THIS
 CHAPTER,  or  other  than an adjudication of liability of an owner for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this

 S. 2508--B                         61
 
 chapter in accordance with section eleven hundred eleven-e of this chap-
 ter,  or  other  than  an  adjudication  of  liability of an owner for a
 violation of section eleven hundred  seventy-four  of  this  chapter  in
 accordance  with  section eleven hundred seventy-four-a of this chapter,
 there shall be levied a mandatory surcharge, in addition to any sentence
 required or permitted by law, in the amount of seventeen dollars.
   § 9-e. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
 as  separately amended by section 10-d of chapter 145 and section 9-d of
 chapter 148 of the laws of 2019, is amended to read as follows:
   1. Whenever proceedings in an administrative tribunal or  a  court  of
 this  state  result  in a conviction for a crime under this chapter or a
 traffic infraction under this chapter other than  a  traffic  infraction
 involving  standing,  stopping,  parking  or  motor vehicle equipment or
 violations by pedestrians or bicyclists, or other than  an  adjudication
 of  liability  of an owner for a violation of subdivision (b), (c), (d),
 (f) or (g) of section eleven hundred eighty of this chapter  in  accord-
 ance with section eleven hundred eighty-d of this chapter, OR OTHER THAN
 AN  ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION
 (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
 ACCORDANCE WITH SECTION ELEVEN HUNDRED  EIGHTY-E  OF  THIS  CHAPTER,  or
 other  than  an adjudication of liability of an owner for a violation of
 subdivision (d) of section eleven hundred  eleven  of  this  chapter  in
 accordance  with  section  eleven  hundred  eleven-d of this chapter, or
 other than an adjudication of liability of an owner for a  violation  of
 subdivision  (d)  of  section  eleven  hundred eleven of this chapter in
 accordance with section eleven hundred  eleven-e  of  this  chapter,  or
 other  than  an adjudication of liability of an owner for a violation of
 section eleven hundred seventy-four of this chapter in  accordance  with
 section  eleven  hundred  seventy-four-a of this chapter, there shall be
 levied a mandatory surcharge, in addition to any  sentence  required  or
 permitted by law, in the amount of seventeen dollars.
   §  9-f.  Subdivision 1 of section 1809 of the vehicle and traffic law,
 as separately amended by section 10-f of chapter 145 and section 9-f  of
 chapter 148 of the laws of 2019, is amended to read as follows:
   1.  Whenever  proceedings  in an administrative tribunal or a court of
 this state result in a conviction for a crime under this  chapter  or  a
 traffic  infraction  under  this chapter other than a traffic infraction
 involving standing, stopping, parking  or  motor  vehicle  equipment  or
 violations  by  pedestrians or bicyclists, or other than an adjudication
 of liability of an owner for a violation of subdivision (b),  (c),  (d),
 (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
 ance with section eleven hundred eighty-d of this chapter, OR OTHER THAN
 AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF  SUBDIVISION
 (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
 ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED  EIGHTY-E OF THIS CHAPTER, or
 other than an adjudication of liability of an owner for a  violation  of
 subdivision  (d)  of  section  eleven  hundred eleven of this chapter in
 accordance with section eleven hundred  eleven-e  of  this  chapter,  or
 other  than  an adjudication of liability of an owner for a violation of
 section eleven hundred seventy-four of this chapter in  accordance  with
 section  eleven  hundred  seventy-four-a of this chapter, there shall be
 levied a mandatory surcharge, in addition to any  sentence  required  or
 permitted by law, in the amount of seventeen dollars.
   §  9-g.  Subdivision 1 of section 1809 of the vehicle and traffic law,
 as separately amended by section 10-g of chapter 145 and section 9-g  of
 chapter 148 of the laws of 2019, is amended to read as follows:

 S. 2508--B                         62
 
   1.  Whenever  proceedings  in an administrative tribunal or a court of
 this state result in a conviction for a crime under this  chapter  or  a
 traffic  infraction  under  this chapter other than a traffic infraction
 involving standing, stopping, parking  or  motor  vehicle  equipment  or
 violations  by  pedestrians or bicyclists, or other than an adjudication
 of liability of an owner for a violation of subdivision (b), (d), (f) or
 (g) of section eleven hundred eighty of this chapter in accordance  with
 section  eleven hundred eighty-d of this chapter, OR OTHER THAN AN ADJU-
 DICATION OF LIABILITY OF AN OWNER FOR A VIOLATION  OF  SUBDIVISION  (B),
 (D),  (F)  OR  (G)  OF  SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
 ACCORDANCE WITH SECTION ELEVEN HUNDRED  EIGHTY-E  OF  THIS  CHAPTER,  or
 other  than  an adjudication of liability of an owner for a violation of
 section eleven hundred seventy-four of this chapter in  accordance  with
 section  eleven  hundred  seventy-four-a of this chapter, there shall be
 levied a mandatory surcharge, in addition to any  sentence  required  or
 permitted by law, in the amount of seventeen dollars.
   §  9-h.  Subdivision 1 of section 1809 of the vehicle and traffic law,
 as separately amended by chapter 16 of the laws of 1983 and  chapter  62
 of the laws of 1989, is amended to read as follows:
   1.  Whenever  proceedings  in an administrative tribunal or a court of
 this state result in a conviction for a crime under this  chapter  or  a
 traffic  infraction  under  this chapter other than a traffic infraction
 involving standing, stopping, parking  or  motor  vehicle  equipment  or
 violations  by  pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION
 OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR
 (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE  WITH
 SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, there shall be levied a
 mandatory  surcharge,  in addition to any sentence required or permitted
 by law, in the amount of seventeen dollars.
   § 10. Paragraph a of subdivision 1 of section 1809-e  of  the  vehicle
 and  traffic law, as separately amended by section 11 of chapter 145 and
 section 10 of chapter 148 of the laws of 2019, is  amended  to  read  as
 follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a  court  or  an  administrative  tribunal  of  this  state  result in a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic infraction under this chapter, or a local law,  ordinance,  rule  or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists,  and  except  an adjudication of liability of an owner for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter  or in accordance with section eleven hundred eleven-d of this chap-
 ter, or in accordance with section eleven hundred eleven-e of this chap-
 ter, or in accordance with section eleven hundred seventy-four-a of this
 chapter, and except an adjudication of  liability  of  an  owner  for  a
 violation  of  subdivision  (d) of section eleven hundred eleven of this
 chapter in accordance with section eleven hundred eleven-b of this chap-
 ter, and except  an  adjudication  in  accordance  with  section  eleven
 hundred  eleven-c  of  this  chapter  of  a  violation  of  a  bus  lane
 restriction as defined in such section, and [expect] EXCEPT  an  adjudi-
 cation of liability of an owner for a violation of subdivision (b), (c),
 (d),  (f)  or  (g)  of  section eleven hundred eighty of this chapter in
 accordance with section eleven hundred eighty-b  of  this  chapter,  and
 except  an adjudication of liability of an owner for a violation of toll

 S. 2508--B                         63
 
 collection regulations pursuant to section  two  thousand  nine  hundred
 eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
 sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
 laws of nineteen hundred fifty, or other than an adjudication of liabil-
 ity of an owner for a violation of subdivision (b), (c), (d), (f) or (g)
 of  section  eleven  hundred  eighty  of this chapter in accordance with
 section eleven hundred eighty-d of this chapter, AND EXCEPT  AN  ADJUDI-
 CATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (D),
 (F)  OR  (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORD-
 ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER,  there  shall
 be  levied  in  addition  to  any  sentence,  penalty or other surcharge
 required or permitted by law, an additional  surcharge  of  twenty-eight
 dollars.
   §  10-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
 and traffic law, as amended by section 11 of chapter 145 of the laws  of
 2019, is amended to read as follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a  court  or  an  administrative  tribunal  of  this  state  result in a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic infraction under this chapter, or a local law,  ordinance,  rule  or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists,  and  except  an adjudication of liability of an owner for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter  or in accordance with section eleven hundred eleven-d of this chap-
 ter, or in accordance with section eleven hundred eleven-e of this chap-
 ter, or in accordance with section eleven hundred seventy-four-a of this
 chapter, and except an adjudication of  liability  of  an  owner  for  a
 violation  of  subdivision  (d) of section eleven hundred eleven of this
 chapter in accordance with section eleven hundred eleven-b of this chap-
 ter, and except  an  adjudication  in  accordance  with  section  eleven
 hundred  eleven-c  of  this  chapter  of  a  violation  of  a  bus  lane
 restriction as defined in such section, and [expect] EXCEPT  an  adjudi-
 cation of liability of an owner for a violation of subdivision (b), (c),
 (d),  (f)  or  (g)  of  section eleven hundred eighty of this chapter in
 accordance with section eleven hundred eighty-b  of  this  chapter,  AND
 EXCEPT  AN  ADJUDICATION  OF  LIABILITY  OF  AN OWNER FOR A VIOLATION OF
 SUBDIVISION (B), (D), (F) OR (G) OF SECTION  ELEVEN  HUNDRED  EIGHTY  OF
 THIS  CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS
 CHAPTER, and except an adjudication of  liability  of  an  owner  for  a
 violation  of  toll collection regulations pursuant to section two thou-
 sand nine hundred eighty-five of the public authorities law or  sections
 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
 of the laws of nineteen hundred fifty, there shall be levied in addition
 to  any  sentence,  penalty  or other surcharge required or permitted by
 law, an additional surcharge of twenty-eight dollars.
   § 10-b. Paragraph a of subdivision 1 of section 1809-e of the  vehicle
 and  traffic  law,  as separately amended by section 11-a of chapter 145
 and section 10-a of chapter 148 of the laws of 2019, is amended to  read
 as follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a  court  or  an  administrative  tribunal  of  this  state  result in a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-

 S. 2508--B                         64
 
 fic infraction under this chapter, or a local law,  ordinance,  rule  or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists,  and  except  an adjudication of liability of an owner for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter  or in accordance with section eleven hundred eleven-d of this chap-
 ter or in accordance with section eleven hundred eleven-e of this  chap-
 ter, or in accordance with section eleven hundred seventy-four-a of this
 chapter,  and  except  an adjudication in accordance with section eleven
 hundred  eleven-c  of  this  chapter  of  a  violation  of  a  bus  lane
 restriction  as  defined  in such section, and except an adjudication of
 liability of an owner for a violation of subdivision (b), (c), (d),  (f)
 or  (g)  of  section eleven hundred eighty of this chapter in accordance
 with section eleven hundred eighty-b of  this  chapter,  and  except  an
 adjudication  of  liability  of  an owner for a violation of subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter in accordance with section eleven hundred eighty-d of this  chapter,
 AND  EXCEPT  AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF
 SUBDIVISION (B), (D), (F) OR (G) OF SECTION  ELEVEN  HUNDRED  EIGHTY  OF
 THIS  CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS
 CHAPTER, and except an adjudication of  liability  of  an  owner  for  a
 violation  of  toll collection regulations pursuant to section two thou-
 sand nine hundred eighty-five of the public authorities law or  sections
 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
 of the laws of nineteen hundred fifty, there shall be levied in addition
 to  any  sentence,  penalty  or other surcharge required or permitted by
 law, an additional surcharge of twenty-eight dollars.
   § 10-c. Paragraph a of subdivision 1 of section 1809-e of the  vehicle
 and  traffic  law,  as separately amended by section 11-b of chapter 145
 and section 10-b of chapter 148 of the laws of 2019, is amended to  read
 as follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a  court  or  an  administrative  tribunal  of  this  state  result in a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic infraction under this chapter, or a local law,  ordinance,  rule  or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists,  and  except  an adjudication of liability of an owner for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter  or in accordance with section eleven hundred eleven-d of this chap-
 ter or in accordance with section eleven hundred eleven-e of this  chap-
 ter, or in accordance with section eleven hundred seventy-four-a of this
 chapter,  and  except  an  adjudication  of  liability of an owner for a
 violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
 hundred eighty of this chapter in accordance with section eleven hundred
 eighty-b  of this chapter, and except an adjudication of liability of an
 owner for a violation of subdivision  (b),  (c),  (d),  (f)  or  (g)  of
 section eleven hundred eighty of this chapter in accordance with section
 eleven  hundred  eighty-d of this chapter, AND EXCEPT AN ADJUDICATION OF
 LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B),  (D),  (F)  OR
 (G)  OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH
 SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, and except  an  adjudi-
 cation of liability of an owner for a violation of toll collection regu-

 S. 2508--B                         65
 
 lations pursuant to section two thousand nine hundred eighty-five of the
 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
 chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred
 fifty,  there  shall  be  levied in addition to any sentence, penalty or
 other surcharge required or permitted by law, an additional surcharge of
 twenty-eight dollars.
   § 10-d. Paragraph a of subdivision 1 of section 1809-e of the  vehicle
 and  traffic  law,  as separately amended by section 11-c of chapter 145
 and section 10-c of chapter 148 of the laws of 2019, is amended to  read
 as follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a  court  or  an  administrative  tribunal  of  this  state  result in a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic infraction under this chapter, or a local law,  ordinance,  rule  or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists,  and  except  an adjudication of liability of an owner for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter  or in accordance with section eleven hundred eleven-d of this chap-
 ter or in accordance with section eleven hundred eleven-e of this  chap-
 ter, or in accordance with section eleven hundred seventy-four-a of this
 chapter,  and  except  an  adjudication  of  liability of an owner for a
 violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
 hundred eighty of this chapter in accordance with section eleven hundred
 eighty-d  of this chapter, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN
 OWNER FOR A VIOLATION OF SUBDIVISION (B), (D), (F)  OR  (G)  OF  SECTION
 ELEVEN  HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
 HUNDRED EIGHTY-E OF THIS CHAPTER, and except an adjudication of  liabil-
 ity  of an owner for a violation of toll collection regulations pursuant
 to section two thousand nine hundred eighty-five of the public  authori-
 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
 hundred  seventy-four of the laws of nineteen hundred fifty, there shall
 be levied in addition  to  any  sentence,  penalty  or  other  surcharge
 required  or  permitted  by law, an additional surcharge of twenty-eight
 dollars.
   § 10-e. Paragraph a of subdivision 1 of section 1809-e of the  vehicle
 and  traffic  law,  as separately amended by section 11-e of chapter 145
 and section 10-e of chapter 148 of the laws of 2019, is amended to  read
 as follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a  court  or  an  administrative  tribunal  of  this  state  result in a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic infraction under this chapter, or a local law,  ordinance,  rule  or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists,  and  except  an adjudication of liability of an owner for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter  or in accordance with section eleven hundred eleven-e of this chap-
 ter, and except an adjudication of liability of an owner for a violation
 of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
 eighty  of this chapter in accordance with section eleven hundred eight-
 y-d of this chapter, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER

 S. 2508--B                         66
 
 FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G)  OF  SECTION  ELEVEN
 HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
 EIGHTY-E  OF  THIS CHAPTER, or in accordance with section eleven hundred
 seventy-four-a  of this chapter, and except an adjudication of liability
 of an owner for a violation of toll collection regulations  pursuant  to
 section  two thousand nine hundred eighty-five of the public authorities
 law or sections sixteen-a, sixteen-b  and  sixteen-c  of  chapter  seven
 hundred  seventy-four of the laws of nineteen hundred fifty, there shall
 be levied in addition  to  any  sentence,  penalty  or  other  surcharge
 required  or  permitted  by law, an additional surcharge of twenty-eight
 dollars.
   § 10-f. Paragraph a of subdivision 1 of section 1809-e of the  vehicle
 and  traffic  law,  as separately amended by section 11-f of chapter 145
 and section 10-f of chapter 148 of the laws of 2019, is amended to  read
 as follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a  court  or  an  administrative  tribunal  of  this  state  result in a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic infraction under this chapter, or a local law,  ordinance,  rule  or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists,  and  except  an adjudication of liability of an owner for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter  AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION
 OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY  OF
 THIS  CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS
 CHAPTER, or in accordance with section eleven hundred seventy-four-a  of
 this  chapter, and except an adjudication of liability of an owner for a
 violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
 hundred eighty of this chapter in accordance with section eleven hundred
 eighty-d  of this chapter, and except an adjudication of liability of an
 owner for a violation of toll collection regulations pursuant to section
 two thousand nine hundred eighty-five of the public authorities  law  or
 sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
 seventy-four of the laws of  nineteen  hundred  fifty,  there  shall  be
 levied  in addition to any sentence, penalty or other surcharge required
 or permitted by law, an additional surcharge of twenty-eight dollars.
   § 10-g. Paragraph a of subdivision 1 of section 1809-e of the  vehicle
 and traffic law,  as amended by section 5 of part C of chapter 55 of the
 laws of 2013, is amended to read as follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a  court  or  an  administrative  tribunal  of  this  state  result in a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic infraction under this chapter, or a local law,  ordinance,  rule  or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists,  and  except  an adjudication of liability of an owner for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter,  AND  EXCEPT  AS  AN  ADJUDICATION  OF  LIABILITY OF AN OWNER FOR A
 VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN  HUNDRED
 EIGHTY  OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
 Y-E OF THIS CHAPTER, and except an adjudication of liability of an owner

 S. 2508--B                         67
 
 for a violation of toll collection regulations pursuant to  section  two
 thousand  nine  hundred  eighty-five  of  the  public authorities law or
 sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
 seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
 levied in addition to any sentence, penalty or other surcharge  required
 or permitted by law, an additional surcharge of twenty-eight dollars.
   §  11.  Subparagraph  (i) of paragraph a of subdivision 5-a of section
 401 of the vehicle and traffic law, as separately amended by  section  8
 of  chapter  145  and  section 11 of chapter 148 of the laws of 2019, is
 amended to read as follows:
   (i) If at the time of application for a registration or renewal there-
 of there is a certification from a  court,  parking  violations  bureau,
 traffic  and  parking  violations  agency  or administrative tribunal of
 appropriate  jurisdiction  or  administrative  tribunal  of  appropriate
 jurisdiction  that the registrant or his or her representative failed to
 appear on the return date or any subsequent adjourned date or failed  to
 comply  with  the  rules  and  regulations of an administrative tribunal
 following entry of a final decision in response to a total of  three  or
 more summonses or other process in the aggregate, issued within an eigh-
 teen  month  period,  charging  either  that: (i) such motor vehicle was
 parked, stopped or standing, or that such motor vehicle was operated for
 hire by the registrant or his or her agent without being licensed  as  a
 motor  vehicle for hire by the appropriate local authority, in violation
 of any of the provisions of this chapter or of any law, ordinance,  rule
 or  regulation  made  by  a  local authority; or (ii) the registrant was
 liable in accordance with section eleven hundred eleven-a, section elev-
 en hundred eleven-b or section eleven hundred eleven-d of  this  chapter
 for  a  violation of subdivision (d) of section eleven hundred eleven of
 this chapter; or (iii) the registrant  was  liable  in  accordance  with
 section eleven hundred eleven-c of this chapter for a violation of a bus
 lane  restriction as defined in such section, or (iv) the registrant was
 liable in accordance with section eleven hundred eighty-b of this  chap-
 ter  for a violation of subdivision (c) or (d) of section eleven hundred
 eighty of this chapter, or (vi) the registrant was liable in  accordance
 with  section eleven hundred eleven-e of this chapter for a violation of
 subdivision (d) of section eleven hundred eleven  of  this  chapter;  or
 (vii)  the  registrant  was  liable  in  accordance  with section eleven
 hundred seventy-four-a of this chapter for a violation of section eleven
 hundred seventy-four of this chapter, or (vii) the registrant was liable
 in accordance with section eleven hundred eighty-d of this chapter for a
 violation of subdivision (c) or (d) of section eleven hundred eighty  of
 this  chapter,  OR  (VIII)  THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH
 SECTION ELEVEN HUNDRED EIGHTY-E OF  THIS  CHAPTER  FOR  A  VIOLATION  OF
 SUBDIVISION  (B),  (D),  (F)  OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
 THIS CHAPTER, the commissioner or his or her agent shall deny the regis-
 tration or renewal application until the applicant provides  proof  from
 the  court,  traffic  and  parking  violations  agency or administrative
 tribunal wherein the charges are pending that an  appearance  or  answer
 has  been  made  or in the case of an administrative tribunal that he or
 she has complied with the rules and regulations of said tribunal follow-
 ing entry of a final decision. Where an application is  denied  pursuant
 to  this section, the commissioner may, in his or her discretion, deny a
 registration or renewal application to any other  person  for  the  same
 vehicle and may deny a registration or renewal application for any other
 motor  vehicle registered in the name of the applicant where the commis-
 sioner has determined that such registrant's intent has  been  to  evade

 S. 2508--B                         68
 
 the  purposes of this subdivision and where the commissioner has reason-
 able grounds to believe that such registration or renewal will have  the
 effect  of defeating the purposes of this subdivision. Such denial shall
 only  remain in effect as long as the summonses remain unanswered, or in
 the case of an administrative tribunal, the registrant fails  to  comply
 with the rules and regulations following entry of a final decision.
   §  11-a. Subparagraph (i) of paragraph a of subdivision 5-a of section
 401 of the vehicle and traffic law, as amended by section 8  of  chapter
 145 of the laws of 2019, is amended to read as follows:
   (i) If at the time of application for a registration or renewal there-
 of  there  is  a  certification from a court, parking violations bureau,
 traffic and parking violations  agency  or  administrative  tribunal  of
 appropriate  jurisdiction  or [adminstrative] ADMINISTRATIVE tribunal of
 appropriate jurisdiction that the registrant or  his  or  her  represen-
 tative  failed  to appear on the return date or any subsequent adjourned
 date or failed to comply with the rules and regulations of  an  adminis-
 trative  tribunal  following  entry of a final decision in response to a
 total of three or more summonses or  other  process  in  the  aggregate,
 issued  within  an eighteen month period, charging either that: (i) such
 motor vehicle was parked, stopped or standing, or that such motor  vehi-
 cle  was operated for hire by the registrant or his or her agent without
 being licensed as a motor vehicle for  hire  by  the  appropriate  local
 authority,  in  violation of any of the provisions of this chapter or of
 any law, ordinance, rule or regulation made by  a  local  authority;  or
 (ii) the registrant was liable in accordance with section eleven hundred
 eleven-a,  section  eleven  hundred  eleven-b  or section eleven hundred
 eleven-d of this chapter for a violation of subdivision (d)  of  section
 eleven  hundred  eleven  of  this  chapter;  or (iii) the registrant was
 liable in accordance with section eleven hundred eleven-c of this  chap-
 ter  for  a  violation  of  a  bus  lane  restriction as defined in such
 section, or (iv) the registrant was liable in  accordance  with  section
 eleven  hundred  eighty-b of this chapter for a violation of subdivision
 (c) or (d) of section eleven hundred eighty of this chapter, or (vi) the
 registrant was liable in accordance with section eleven hundred eleven-e
 of this chapter for a violation of subdivision  (d)  of  section  eleven
 hundred  eleven  of  this chapter; or (vii) the registrant was liable in
 accordance with section eleven hundred seventy-four-a  of  this  chapter
 for  a violation of section eleven hundred seventy-four of this chapter,
 OR (VIII) THE REGISTRANT WAS LIABLE IN ACCORDANCE  WITH  SECTION  ELEVEN
 HUNDRED  EIGHTY-E  OF  THIS  CHAPTER FOR A VIOLATION OF SUBDIVISION (B),
 (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF  THIS  CHAPTER,  the
 commissioner  or his or her agent shall deny the registration or renewal
 application until the applicant provides proof from the  court,  traffic
 and  parking  violations  agency  or administrative tribunal wherein the
 charges are pending that an appearance or answer has been made or in the
 case of an administrative tribunal that he or she has complied with  the
 rules  and regulations of said tribunal following entry of a final deci-
 sion. Where an application is  denied  pursuant  to  this  section,  the
 commissioner  may,  in  his  or  her  discretion, deny a registration or
 renewal application to any other person for the  same  vehicle  and  may
 deny  a  registration or renewal application for any other motor vehicle
 registered in the name of  the  applicant  where  the  commissioner  has
 determined  that such registrant's intent has been to evade the purposes
 of this subdivision and where the commissioner has reasonable grounds to
 believe that such registration  or  renewal  will  have  the  effect  of
 defeating  the  purposes  of  this  subdivision.  Such denial shall only

 S. 2508--B                         69
 
 remain in effect as long as the summonses remain unanswered, or  in  the
 case  of an administrative tribunal, the registrant fails to comply with
 the rules and regulations following entry of a final decision.
   §  11-b.  Paragraph a of subdivision 5-a of section 401 of the vehicle
 and traffic law, as separately amended by section 8-a of chapter 145  of
 the laws of 2019 and section 11-a of chapter 148 of the laws of 2019. is
 amended to read as follows:
   a. If at the time of application for a registration or renewal thereof
 there  is  a  certification  from  a court or administrative tribunal of
 appropriate jurisdiction that the registrant or  his  or  her  represen-
 tative  failed  to appear on the return date or any subsequent adjourned
 date or failed to comply with the rules and regulations of  an  adminis-
 trative  tribunal  following  entry of a final decision in response to a
 total of three or more summonses or  other  process  in  the  aggregate,
 issued  within  an eighteen month period, charging either that: (i) such
 motor vehicle was parked, stopped or standing, or that such motor  vehi-
 cle  was operated for hire by the registrant or his or her agent without
 being licensed as a motor vehicle for  hire  by  the  appropriate  local
 authority,  in  violation of any of the provisions of this chapter or of
 any law, ordinance, rule or regulation made by  a  local  authority;  or
 (ii) the registrant was liable in accordance with section eleven hundred
 eleven-b  of  this chapter for a violation of subdivision (d) of section
 eleven hundred eleven of this  chapter;  or  (iii)  the  registrant  was
 liable  in accordance with section eleven hundred eleven-c of this chap-
 ter for a violation of  a  bus  lane  restriction  as  defined  in  such
 section;  or  (iv)  the registrant was liable in accordance with section
 eleven hundred eleven-d of this chapter for a violation  of  subdivision
 (d)  of section eleven hundred eleven of this chapter; or (v) the regis-
 trant was liable in accordance with section eleven hundred  eighty-b  of
 this  chapter  for  a  violation  of subdivision (b), (d), (f) or (g) of
 section eleven hundred eighty of this chapter ; or (vi)  the  registrant
 was  liable  in  accordance with section eleven hundred eleven-e of this
 chapter for a violation of subdivision (d)  of  section  eleven  hundred
 eleven of this chapter; or (vii) the registrant was liable in accordance
 with  section  eleven  hundred  seventy-four-a  of  this  chapter  for a
 violation of section eleven hundred seventy-four  of  this  chapter;  or
 [(vii)]  (VIII)  the  registrant  was  liable in accordance with section
 eleven hundred eighty-d of this chapter for a violation  of  subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter; OR (IX) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN
 HUNDRED  EIGHTY-E  OF  THIS  CHAPTER FOR A VIOLATION OF SUBDIVISION (B),
 (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF  THIS  CHAPTER,  the
 commissioner  or his or her agent shall deny the registration or renewal
 application until the applicant provides proof from the court or  admin-
 istrative tribunal wherein the charges are pending that an appearance or
 answer  has  been made or in the case of an administrative tribunal that
 he or she has complied with the rules and regulations of  said  tribunal
 following  entry  of  a  final  decision. Where an application is denied
 pursuant  to  this  section,  the  commissioner  may,  in  his  or   her
 discretion,  deny  a  registration  or  renewal application to any other
 person for the same vehicle and  may  deny  a  registration  or  renewal
 application  for  any  other motor vehicle registered in the name of the
 applicant where the commissioner has determined that  such  registrant's
 intent  has been to evade the purposes of this subdivision and where the
 commissioner has reasonable grounds to believe that such registration or
 renewal will have the effect of defeating the purposes of this  subdivi-

 S. 2508--B                         70
 
 sion.  Such  denial shall only remain in effect as long as the summonses
 remain unanswered, or in the case of  an  administrative  tribunal,  the
 registrant  fails  to  comply  with  the rules and regulations following
 entry of a final decision.
   §  11-c.  Paragraph a of subdivision 5-a of section 401 of the vehicle
 and traffic law, as separately amended by section 8-b of chapter 145 and
 section 11-b of chapter 148 of the laws of 2019, is amended to  read  as
 follows:
   a. If at the time of application for a registration or renewal thereof
 there  is  a  certification  from  a court or administrative tribunal of
 appropriate jurisdiction that the registrant or  his  or  her  represen-
 tative  failed  to appear on the return date or any subsequent adjourned
 date or failed to comply with the rules and regulations of  an  adminis-
 trative  tribunal  following  entry  of  a final decision in response to
 three or more summonses or other  process,  issued  within  an  eighteen
 month  period, charging that: (i) such motor vehicle was parked, stopped
 or standing, or that such motor vehicle was operated  for  hire  by  the
 registrant or his or her agent without being licensed as a motor vehicle
 for  hire by the appropriate local authority, in violation of any of the
 provisions of this chapter or of any law, ordinance, rule or  regulation
 made  by a local authority; or (ii) the registrant was liable in accord-
 ance with  section  eleven  hundred  eleven-c  of  this  chapter  for  a
 violation of a bus lane restriction as defined in such section; or (iii)
 the  registrant  was  liable  in  accordance with section eleven hundred
 eleven-d of this chapter for a violation of subdivision (d)  of  section
 eleven hundred eleven of this chapter; or (iv) the registrant was liable
 in accordance with section eleven hundred eighty-b of this chapter for a
 violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
 hundred eighty of this chapter,[,]  or  the  registrant  was  liable  in
 accordance  with  section  eleven hundred eighty-d of this chapter for a
 violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
 hundred  eighty  of  this  chapter;  or (v) the registrant was liable in
 accordance with section eleven hundred eleven-e of this  chapter  for  a
 violation  of  subdivision  (d) of section eleven hundred eleven of this
 chapter; or (VI) THE REGISTRANT WAS LIABLE IN  ACCORDANCE  WITH  SECTION
 ELEVEN  HUNDRED  EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION
 (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF  THIS  CHAPTER;
 OR  (vii)  the  registrant  was liable in accordance with section eleven
 hundred seventy-four-a of this chapter for a violation of section eleven
 hundred seventy-four of this chapter, the commissioner  or  his  or  her
 agent  shall  deny  the  registration  or  renewal application until the
 applicant provides proof from the court or administrative tribunal wher-
 ein the charges are pending that an appearance or answer has  been  made
 or in the case of an administrative tribunal that he or she has complied
 with  the  rules  and  regulations of said tribunal following entry of a
 final decision. Where an application is denied pursuant to this section,
 the commissioner may, in his or her discretion, deny a  registration  or
 renewal  application  to  any  other person for the same vehicle and may
 deny a registration or renewal application for any other  motor  vehicle
 registered  in  the  name  of  the  applicant where the commissioner has
 determined that such registrant's intent has been to evade the  purposes
 of this subdivision and where the commissioner has reasonable grounds to
 believe  that  such  registration  or  renewal  will  have the effect of
 defeating the purposes of  this  subdivision.  Such  denial  shall  only
 remain  in  effect as long as the summonses remain unanswered, or in the

 S. 2508--B                         71
 
 case of an administrative tribunal, the registrant fails to comply  with
 the rules and regulations following entry of a final decision.
   §  11-d.  Paragraph a of subdivision 5-a of section 401 of the vehicle
 and traffic law, as separately amended by section 8-c of chapter 145 and
 section 11-c of chapter 148 of the laws of 2019, is amended to  read  as
 follows:
   a. If at the time of application for a registration or renewal thereof
 there  is  a  certification  from  a court or administrative tribunal of
 appropriate jurisdiction that the registrant or  his  or  her  represen-
 tative  failed  to appear on the return date or any subsequent adjourned
 date or failed to comply with the rules and regulations of  an  adminis-
 trative  tribunal  following  entry  of  a final decision in response to
 three or more summonses or other  process,  issued  within  an  eighteen
 month  period, charging that: (i) such motor vehicle was parked, stopped
 or standing, or that such motor vehicle was operated  for  hire  by  the
 registrant or his or her agent without being licensed as a motor vehicle
 for  hire by the appropriate local authority, in violation of any of the
 provisions of this chapter or of any law, ordinance, rule or  regulation
 made  by a local authority; or (ii) the registrant was liable in accord-
 ance with  section  eleven  hundred  eleven-d  of  this  chapter  for  a
 violation  of  subdivision  (d) of section eleven hundred eleven of this
 chapter; or (iii) the registrant was liable in accordance  with  section
 eleven  hundred  eighty-b  of this chapter for violations of subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter,[,] or the registrant was liable in accordance with  section  eleven
 hundred eighty-d of this chapter for violations of subdivision (b), (c),
 (d),  (f)  or  (g)  of section eleven hundred eighty of this chapter; or
 (iv) the registrant was liable in accordance with section eleven hundred
 eleven-e of this chapter for a violation of subdivision (d)  of  section
 eleven hundred eleven of this chapter; or (v)  THE REGISTRANT WAS LIABLE
 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A
 VIOLATION  OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
 EIGHTY OF THIS CHAPTER; OR (VI) the registrant was liable in  accordance
 with  section  eleven  hundred  seventy-four-a  of  this  chapter  for a
 violation of section eleven hundred seventy-four of  this  chapter,  the
 commissioner  or his or her agent shall deny the registration or renewal
 application until the applicant provides proof from the court or  admin-
 istrative tribunal wherein the charges are pending that an appearance or
 answer  has  been made or in the case of an administrative tribunal that
 he or she has complied with the rules and regulations of  said  tribunal
 following  entry  of  a  final  decision. Where an application is denied
 pursuant  to  this  section,  the  commissioner  may,  in  his  or   her
 discretion,  deny  a  registration  or  renewal application to any other
 person for the same vehicle and  may  deny  a  registration  or  renewal
 application  for  any  other motor vehicle registered in the name of the
 applicant where the commissioner has determined that  such  registrant's
 intent  has been to evade the purposes of this subdivision and where the
 commissioner has reasonable grounds to believe that such registration or
 renewal will have the effect of defeating the purposes of this  subdivi-
 sion.  Such  denial shall only remain in effect as long as the summonses
 remain unanswered, or in the case of  an  administrative  tribunal,  the
 registrant  fails  to  comply  with  the rules and regulations following
 entry of a final decision.
   § 11-e. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
 and traffic law, as separately amended by section 8-d of chapter 145 and

 S. 2508--B                         72
 
 section  11-d  of chapter 148 of the laws of 2019, is amended to read as
 follows:
   a. If at the time of application for a registration or renewal thereof
 there  is  a  certification  from  a court or administrative tribunal of
 appropriate jurisdiction that the registrant or  his  or  her  represen-
 tative  failed  to appear on the return date or any subsequent adjourned
 date or failed to comply with the rules and regulations of  an  adminis-
 trative  tribunal  following  entry  of  a final decision in response to
 three or more summonses or other  process,  issued  within  an  eighteen
 month  period,  charging  that such motor vehicle was parked, stopped or
 standing, or that such motor vehicle was operated for hire by the regis-
 trant or his OR HER agent without being licensed as a motor vehicle  for
 hire  by  the  appropriate  local  authority, in violation of any of the
 provisions of this chapter or of any law, ordinance, rule or  regulation
 made  by  a  local authority, or the registrant was liable in accordance
 with section eleven hundred eighty-d of this chapter for  violations  of
 subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
 of this chapter, or the registrant was liable in accordance with section
 eleven hundred eleven-d of this chapter for a violation  of  subdivision
 (d)  of section eleven hundred eleven of this chapter, or the registrant
 was liable in accordance with section eleven hundred  eleven-e  of  this
 chapter  for  a  violation  of subdivision (d) of section eleven hundred
 eleven of this chapter, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE  WITH
 SECTION  ELEVEN  HUNDRED  EIGHTY-E  OF  THIS  CHAPTER FOR A VIOLATION OF
 SUBDIVISION (B), (D), (F) OR (G) OF SECTION  ELEVEN  HUNDRED  EIGHTY  OF
 THIS  CHAPTER,  or  the registrant was liable in accordance with section
 eleven hundred seventy-four-a of this chapter for a violation of section
 eleven hundred seventy-four of this chapter, the commissioner or his  or
 her  agent  shall deny the registration or renewal application until the
 applicant provides proof from the court or administrative tribunal wher-
 ein the charges are pending that an appearance or answer has  been  made
 or in the case of an administrative tribunal that he or she has complied
 with  the  rules  and  regulations of said tribunal following entry of a
 final decision. Where an application is denied pursuant to this section,
 the commissioner may, in his or her discretion, deny a  registration  or
 renewal  application  to  any  other person for the same vehicle and may
 deny a registration or renewal application for any other  motor  vehicle
 registered  in  the  name  of  the  applicant where the commissioner has
 determined that such registrant's intent has been to evade the  purposes
 of this subdivision and where the commissioner has reasonable grounds to
 believe  that  such  registration  or  renewal  will  have the effect of
 defeating the purposes of  this  subdivision.  Such  denial  shall  only
 remain  in  effect as long as the summonses remain unanswered, or in the
 case of an administrative tribunal, the registrant fails to comply  with
 the rules and regulations following entry of a final decision.
   §  11-f.  Paragraph a of subdivision 5-a of section 401 of the vehicle
 and traffic law, as separately amended by section 8-f of chapter 145 and
 section 11-f of chapter 148 of the laws of 2019, is amended to  read  as
 follows:
   a. If at the time of application for a registration or renewal thereof
 there  is  a  certification  from  a court or administrative tribunal of
 appropriate jurisdiction that the registrant or  his  or  her  represen-
 tative  failed  to appear on the return date or any subsequent adjourned
 date or failed to comply with the rules and regulations of  an  adminis-
 trative  tribunal  following  entry  of  a final decision in response to
 three or more summonses or other  process,  issued  within  an  eighteen

 S. 2508--B                         73
 
 month  period,  charging  that such motor vehicle was parked, stopped or
 standing, or that such motor vehicle was operated for hire by the regis-
 trant or his or her agent without being licensed as a motor vehicle  for
 hire  by  the  appropriate  local  authority, in violation of any of the
 provisions of this chapter or of any law, ordinance, rule or  regulation
 made  by  a  local authority, or the registrant was liable in accordance
 with section eleven hundred eighty-d of this chapter for  violations  of
 subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
 of this chapter, or the registrant was liable in accordance with section
 eleven hundred eleven-e of this chapter for a violation  of  subdivision
 (d)  of section eleven hundred eleven of this chapter, OR THE REGISTRANT
 WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED  EIGHTY-E  OF  THIS
 CHAPTER  FOR  A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION
 ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, or the registrant was  liable  in
 accordance  with  section  eleven hundred seventy-four-a of this chapter
 for a violation of section eleven hundred seventy-four of this  chapter,
 the  commissioner  or  his  or  her agent shall deny the registration or
 renewal application until the applicant provides proof from the court or
 administrative tribunal wherein the charges are pending that an  appear-
 ance  or answer has been made or in the case of an administrative tribu-
 nal that he has complied with the rules and regulations of said tribunal
 following entry of a final decision.  Where  an  application  is  denied
 pursuant   to  this  section,  the  commissioner  may,  in  his  or  her
 discretion, deny a registration or  renewal  application  to  any  other
 person  for  the  same  vehicle  and  may deny a registration or renewal
 application for any other motor vehicle registered in the  name  of  the
 applicant  where  the commissioner has determined that such registrant's
 intent has been to evade the purposes of this subdivision and where  the
 commissioner has reasonable grounds to believe that such registration or
 renewal  will have the effect of defeating the purposes of this subdivi-
 sion. Such denial shall only remain in effect as long as  the  summonses
 remain  unanswered,  or  in  the case of an administrative tribunal, the
 registrant fails to comply with  the  rules  and  regulations  following
 entry of a final decision.
   §  11-g.  Paragraph a of subdivision 5-a of section 401 of the vehicle
 and traffic law, as separately amended by section 8-g of chapter 145 and
 section 11-g of chapter 148 of the laws of 2019, is amended to  read  as
 follows:
   a. If at the time of application for a registration or renewal thereof
 there  is  a  certification  from  a court or administrative tribunal of
 appropriate jurisdiction that the registrant or  his  OR  HER  represen-
 tative  failed  to appear on the return date or any subsequent adjourned
 date or failed to comply with the rules and regulations of  an  adminis-
 trative  tribunal  following  entry  of  a final decision in response to
 three or more summonses or other  process,  issued  within  an  eighteen
 month  period,  charging  that such motor vehicle was parked, stopped or
 standing, or that such motor vehicle was operated for hire by the regis-
 trant or his OR HER agent without being licensed as a motor vehicle  for
 hire  by  the  appropriate  local  authority, in violation of any of the
 provisions of this chapter or of any law, ordinance, rule or  regulation
 made  by  a  local authority, or the registrant was liable in accordance
 with section  eleven  hundred  seventy-four-a  of  this  chapter  for  a
 violation of section eleven hundred seventy-four of this chapter, or the
 registrant was liable in accordance with section eleven hundred eighty-d
 of  this chapter for violations of subdivision (b), (c), (d), (f) or (g)
 of section eleven hundred eighty of this chapter, OR THE REGISTRANT  WAS

 S. 2508--B                         74
 
 LIABLE  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAP-
 TER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEV-
 EN HUNDRED EIGHTY OF THIS CHAPTER, the commissioner or his OR HER  agent
 shall  deny  the registration or renewal application until the applicant
 provides proof from the court or  administrative  tribunal  wherein  the
 charges are pending that an appearance or answer has been made or in the
 case  of an administrative tribunal that he or she has complied with the
 rules and regulations of said tribunal following entry of a final  deci-
 sion.  Where  an  application  is  denied  pursuant to this section, the
 commissioner may, in his OR  HER  discretion,  deny  a  registration  or
 renewal  application  to  any  other person for the same vehicle and may
 deny a registration or renewal application for any other  motor  vehicle
 registered  in  the  name  of  the  applicant where the commissioner has
 determined that such registrant's intent has been to evade the  purposes
 of this subdivision and where the commissioner has reasonable grounds to
 believe  that  such  registration  or  renewal  will  have the effect of
 defeating the purposes of  this  subdivision.  Such  denial  shall  only
 remain  in  effect as long as the summonses remain unanswered, or in the
 case of an administrative tribunal, the registrant fails to comply  with
 the rules and regulations following entry of a final decision.
   §  11-h.  Paragraph a of subdivision 5-a of section 401 of the vehicle
 and traffic law, as separately amended by chapters 339 and  592  of  the
 laws of 1987, is amended to read as follows:
   a. If at the time of application for a registration or renewal thereof
 there  is  a  certification  from  a court or administrative tribunal of
 appropriate jurisdiction that the registrant or  his  OR  HER  represen-
 tative  failed  to appear on the return date or any subsequent adjourned
 date or failed to comply with the rules and regulations of  an  adminis-
 trative  tribunal  following  entry  of  a final decision in response to
 three or more summonses or other  process,  issued  within  an  eighteen
 month  period,  charging  that such motor vehicle was parked, stopped or
 standing, or that such motor vehicle was operated for hire by the regis-
 trant or his OR HER agent without being licensed as a motor vehicle  for
 hire  by  the  appropriate  local  authority, in violation of any of the
 provisions of this chapter or of any law, ordinance, rule or  regulation
 made  by  a  local authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE
 WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION  OF
 SUBDIVISION  (B),  (D),  (F)  OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
 THIS CHAPTER, the commissioner or his OR HER agent shall deny the regis-
 tration or renewal application until the applicant provides  proof  from
 the  court  or  administrative  tribunal wherein the charges are pending
 that an appearance or answer has been made or in the case of an adminis-
 trative tribunal that he OR SHE has complied with the  rules  and  regu-
 lations  of  said tribunal following entry of a final decision. Where an
 application is denied pursuant to this section, the commissioner may, in
 his OR HER discretion, deny a registration or renewal application to any
 other person for the same vehicle and may deny a registration or renewal
 application for any other motor vehicle registered in the  name  of  the
 applicant  where  the commissioner has determined that such registrant's
 intent has been to evade the purposes of this subdivision and where  the
 commissioner has reasonable grounds to believe that such registration or
 renewal  will have the effect of defeating the purposes of this subdivi-
 sion. Such denial shall only remain in effect as long as  the  summonses
 remain  unanswered,  or  in  the case of an administrative tribunal, the
 registrant fails to comply with  the  rules  and  regulations  following
 entry of a final decision.

 S. 2508--B                         75
 
   §  12.  The  general  municipal law is amended by adding a new section
 371-a to read as follows:
   §  371-A. ADDITIONAL JURISDICTION AND PROCEDURE RELATED TO THE ADJUDI-
 CATION OF CERTAIN NOTICES OF  LIABILITY.  A  TRAFFIC  VIOLATIONS  BUREAU
 ESTABLISHED  PURSUANT  TO  SUBDIVISION  ONE  AND  A  TRAFFIC AND PARKING
 VIOLATIONS AGENCY ESTABLISHED PURSUANT TO  SUBDIVISION  TWO  OF  SECTION
 THREE  HUNDRED  SEVENTY-ONE OF THIS ARTICLE MAY BE AUTHORIZED TO ADJUDI-
 CATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (D), (F)
 OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THE VEHICLE AND  TRAFFIC  LAW
 PURSUANT  TO  A  DEMONSTRATION  PROGRAM  ESTABLISHED PURSUANT TO SECTION
 ELEVEN HUNDRED EIGHTY-E OF THE VEHICLE AND TRAFFIC  LAW,  IN  ACCORDANCE
 WITH THE PROVISIONS OF THIS ARTICLE.
   § 13. Section 1803 of the vehicle and traffic law is amended by adding
 two new subdivisions 11 and 12 to read as follows:
   11.  EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH E OF SUBDIVISION ONE OF
 THIS SECTION, WHERE THE COMMISSIONER OF TRANSPORTATION HAS ESTABLISHED A
 DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY  ON  THE  OWNER  OF  A
 VEHICLE  FOR  FAILURE  OF AN OPERATOR THEREOF TO COMPLY WITH SUBDIVISION
 (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
 ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E  OF  THIS  CHAPTER,  ANY
 FINE OR PENALTY COLLECTED BY A COURT, JUDGE, MAGISTRATE OR OTHER OFFICER
 FOR  AN  IMPOSITION  OF  LIABILITY WHICH OCCURS PURSUANT TO SUCH PROGRAM
 SHALL BE PAID TO THE STATE COMPTROLLER WITHIN THE FIRST TEN DAYS OF  THE
 MONTH FOLLOWING COLLECTION. EVERY SUCH PAYMENT SHALL BE ACCOMPANIED BY A
 STATEMENT  IN SUCH FORM AND DETAIL AS THE COMPTROLLER SHALL PROVIDE. THE
 COMPTROLLER SHALL PAY EIGHTY PERCENT OF ANY SUCH FINE OR PENALTY IMPOSED
 FOR SUCH LIABILITY TO THE COMMISSIONER IN ACCORDANCE WITH  THE  SCHEDULE
 BELOW,  AND TWENTY PERCENT OF ANY SUCH FINE OR PENALTY TO THE CITY, TOWN
 OR VILLAGE IN WHICH THE VIOLATION GIVING RISE TO THE LIABILITY OCCURRED.
 ALL FINES, PENALTIES AND FORFEITURES PAID TO A  CITY,  TOWN  OR  VILLAGE
 PURSUANT  TO THE PROVISIONS OF THIS SUBDIVISION SHALL BE CREDITED TO THE
 GENERAL FUND OF SUCH CITY, TOWN OR VILLAGE, UNLESS A DIFFERENT  DISPOSI-
 TION  IS  PRESCRIBED  BY  CHARTER,  SPECIAL LAW, LOCAL LAW OR ORDINANCE.
 WITH RESPECT TO THE PERCENTAGE OF FINES OR PENALTIES PAID TO THE COMMIS-
 SIONER, NO LESS THAN SIXTY PERCENT SHALL BE DEDICATED TO THE  WORK  ZONE
 SAFETY  FUND  AS  ESTABLISHED  BY  SECTION  NINETY-NINE-II  OF THE STATE
 FINANCE LAW AFTER DEDUCTING THE EXPENSES  NECESSARY  TO  ADMINISTER  THE
 DEMONSTRATION PROGRAM.
   12.  EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH E OF SUBDIVISION ONE OF
 THIS SECTION, WHERE THE CHAIR OF THE NEW YORK  STATE  THRUWAY  AUTHORITY
 HAS  ESTABLISHED  A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON
 THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
 SUBDIVISION (B), (D), (F) OR (G) OF SECTION  ELEVEN  HUNDRED  EIGHTY  OF
 THIS  CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS
 CHAPTER, ANY FINE OR PENALTY COLLECTED BY A COURT, JUDGE, MAGISTRATE  OR
 OTHER  OFFICER  FOR  AN IMPOSITION OF LIABILITY WHICH OCCURS PURSUANT TO
 SUCH PROGRAM SHALL BE PAID TO THE STATE COMPTROLLER WITHIN THE FIRST TEN
 DAYS OF THE MONTH FOLLOWING COLLECTION.  EVERY  SUCH  PAYMENT  SHALL  BE
 ACCOMPANIED  BY  A  STATEMENT IN SUCH FORM AND DETAIL AS THE COMPTROLLER
 SHALL PROVIDE. THE COMPTROLLER SHALL PAY EIGHTY PERCENT OF ANY SUCH FINE
 OR PENALTY IMPOSED FOR  SUCH  LIABILITY  TO  THE  THRUWAY  AUTHORITY  IN
 ACCORDANCE  WITH THE SCHEDULE BELOW, AND TWENTY PERCENT OF ANY SUCH FINE
 OR PENALTY TO THE CITY, TOWN OR VILLAGE IN WHICH  THE  VIOLATION  GIVING
 RISE  TO  THE LIABILITY OCCURRED.  FOR THE PURPOSES OF THIS SUBDIVISION,
 THE TERM "THRUWAY AUTHORITY" SHALL  MEAN  THE  NEW  YORK  STATE  THRUWAY
 AUTHORITY,  A  BODY  CORPORATE  AND POLITIC CONSTITUTING A PUBLIC CORPO-

 S. 2508--B                         76
 
 RATION CREATED AND CONSTITUTED PURSUANT TO TITLE NINE OF ARTICLE TWO  OF
 THE PUBLIC AUTHORITIES LAW. ALL FINES, PENALTIES AND FORFEITURES PAID TO
 A  CITY,  TOWN OR VILLAGE PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION
 SHALL  BE  CREDITED  TO  THE GENERAL FUND OF SUCH CITY, TOWN OR VILLAGE,
 UNLESS A DIFFERENT DISPOSITION IS PRESCRIBED BY   CHARTER, SPECIAL  LAW,
 LOCAL  LAW  OR  ORDINANCE.    WITH RESPECT TO THE PERCENTAGE OF FINES OR
 PENALTIES PAID TO THE THRUWAY AUTHORITY,  NO  LESS  THAN  SIXTY  PERCENT
 SHALL  BE  DEDICATED  TO  IMPROVING  WORK  ZONE AND ROADWAY SAFETY AFTER
 DEDUCTING  THE  EXPENSES  NECESSARY  TO  ADMINISTER  THE   DEMONSTRATION
 PROGRAM.
   §  14.  Subdivision  2  of  section  87  of the public officers law is
 amended by adding a new paragraph (r) to read as follows:
   (R) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED
 IMAGES  PREPARED  UNDER THE AUTHORITY OF SECTION ELEVEN HUNDRED EIGHTY-E
 OF THE VEHICLE AND TRAFFIC LAW.
   § 15. The purchase or lease of equipment for a  demonstration  program
 pursuant  to  section  1180-e  of  the  vehicle and traffic law shall be
 subject to the provisions of section 103 of the general municipal law.
   § 16.  For the purpose of informing  and  educating  owners  of  motor
 vehicles  in  this  state,  an  agency  or authority authorized to issue
 notices of liability pursuant to  the  provisions  of  this  act  shall,
 during the first thirty-day period in which the photo violation monitor-
 ing  systems  are  in  operation pursuant to the provisions of this act,
 issue a written warning in lieu of a notice of liability to  all  owners
 of  motor  vehicles  who  would  be held liable for failure of operators
 thereof to comply with subdivision (b), (d), (f) or (g) of section elev-
 en hundred eighty of the vehicle and  traffic  law  in  accordance  with
 section eleven hundred eighty-e of the vehicle and traffic law.
   §  17.  This act shall take effect on the thirtieth day after it shall
 have become a law and shall expire 5 years  after  such  effective  date
 when upon such date the provisions of this act shall be deemed repealed;
 and  provided further that any rules necessary for the implementation of
 this act on its effective date shall be promulgated on  or  before  such
 effective date, provided that:
   (a)  the amendments to subdivision 1 of section 235 of the vehicle and
 traffic law made by section one of this act shall not affect the expira-
 tion of such section and shall be deemed to expire therewith, when  upon
 such date the provisions of section one-a of this act shall take effect;
   (a-1)  the  amendments  to  section 235 of the vehicle and traffic law
 made by section one-a of this act shall not  affect  the  expiration  of
 such  section  and  shall  be deemed to expire therewith, when upon such
 date the provisions of section one-b of this act shall take effect;
   (a-2) the amendments to section 235 of the  vehicle  and  traffic  law
 made  by  section  one-b  of this act shall not affect the expiration of
 such section and shall be deemed to expire  therewith,  when  upon  such
 date the provisions of section one-c of this act shall take effect;
   (a-3)  the  amendments  to  section 235 of the vehicle and traffic law
 made by section one-c of this act shall not  affect  the  expiration  of
 such  section  and  shall  be deemed to expire therewith, when upon such
 date the provisions of section one-d of this act shall take effect;
   (a-4) the amendments to section 235 of the  vehicle  and  traffic  law
 made  by  section  one-d  of this act shall not affect the expiration of
 such section and shall be deemed to expire  therewith,  when  upon  such
 date the provisions of section one-e of this act shall take effect;
   (a-5)  the  amendments  to  section 235 of the vehicle and traffic law
 made by section one-e of this act shall not  affect  the  expiration  of

 S. 2508--B                         77
 
 such  section  and  shall  be deemed to expire therewith, when upon such
 date the provisions of section one-f of this act shall take effect;
   (a-6)  the  amendments  to  section 235 of the vehicle and traffic law
 made by section one-f of this act shall not  affect  the  expiration  of
 such  section  and  shall  be deemed to expire therewith, when upon such
 date the provisions of section one-g of this act shall take effect;
   (a-7) the amendments to section 235 of the  vehicle  and  traffic  law
 made  by  section  one-g  of this act shall not affect the expiration of
 such section and shall be deemed to expire  therewith,  when  upon  such
 date the provisions of section one-h of this act shall take effect;
   (a-8)  the  amendments  to  section 235 of the vehicle and traffic law
 made by section one-h of this act shall not  affect  the  expiration  of
 such  section  and  shall  be deemed to expire therewith, when upon such
 date the provisions of section one-i of this act shall take effect;
   (b) the amendments to subdivision 1 of section 236 of the vehicle  and
 traffic law made by section two of this act shall not affect the expira-
 tion  of  such subdivision and shall be deemed to expire therewith, when
 upon such date the provisions of section two-a of this  act  shall  take
 effect;
   (b-1)  the  amendments  to subdivision 1 of section 236 of the vehicle
 and traffic law made by section two-a of this act shall not  affect  the
 expiration  of such subdivision and shall be deemed to expire therewith,
 when upon such date the provisions of section two-b of  this  act  shall
 take effect;
   (b-2)  the  amendments  to subdivision 1 of section 236 of the vehicle
 and traffic law made by section two-b of this act shall not  affect  the
 expiration  of such subdivision and shall be deemed to expire therewith,
 when upon such date the provisions of section two-c of  this  act  shall
 take effect;
   (b-3)  the  amendments  to subdivision 1 of section 236 of the vehicle
 and traffic law made by section two-c of this act shall not  affect  the
 expiration  of such subdivision and shall be deemed to expire therewith,
 when upon such date the provisions of section two-d of  this  act  shall
 take effect;
   (b-4)  the  amendments  to subdivision 1 of section 236 of the vehicle
 and traffic law made by section two-d of this act shall not  affect  the
 expiration  of such subdivision and shall be deemed to expire therewith,
 when upon such date the provisions of section two-e of  this  act  shall
 take effect;
   (b-5)  the  amendments  to subdivision 1 of section 236 of the vehicle
 and traffic law made by section two-e of this act shall not  affect  the
 expiration  of such subdivision and shall be deemed to expire therewith,
 when upon such date the provisions of section two-f of  this  act  shall
 take effect;
   (b-6)  the  amendments  to subdivision 1 of section 236 of the vehicle
 and traffic law made by section two-f of this act shall not  affect  the
 expiration  of such subdivision and shall be deemed to expire therewith,
 when upon such date the provisions of section two-g of  this  act  shall
 take effect;
   (b-7)  the  amendments  to subdivision 1 of section 236 of the vehicle
 and traffic law made by section two-g of this act shall not  affect  the
 expiration  of such subdivision and shall be deemed to expire therewith,
 when upon such date the provisions of section two-h of  this  act  shall
 take effect;
   (c) the amendments to subdivision 10 of section 237 of the vehicle and
 traffic law made by section three of this act shall not affect the expi-

 S. 2508--B                         78
 
 ration of such subdivision and shall be deemed to expire therewith, when
 upon  such date the provisions of section three-a of this act shall take
 effect;
   (c-1) the amendments to paragraph f of subdivision 1 of section 239 of
 the  vehicle  and traffic law made by section four of this act shall not
 affect the expiration of such paragraph and shall be  deemed  to  expire
 therewith,  when upon such date the provisions of section four-a of this
 act shall take effect;
   (c-2) the amendments to paragraph f of subdivision 1 of section 239 of
 the vehicle and traffic law made by section four-a of this act shall not
 affect the expiration of such paragraph and shall be  deemed  to  expire
 therewith,  when upon such date the provisions of section four-b of this
 act shall take effect;
   (c-3) the amendments to paragraph f of subdivision 1 of section 239 of
 the vehicle and traffic law made by section four-b of this act shall not
 affect the expiration of such paragraph and shall be  deemed  to  expire
 therewith,  when upon such date the provisions of section four-c of this
 act shall take effect;
   (c-4) the amendments to paragraph f of subdivision 1 of section 239 of
 the vehicle and traffic law made by section four-c of this act shall not
 affect the expiration of such paragraph and shall be  deemed  to  expire
 therewith,  when upon such date the provisions of section four-d of this
 act shall take effect;
   (c-5) the amendments to paragraph f of subdivision 1 of section 239 of
 the vehicle and traffic law made by section four-d of this act shall not
 affect the expiration of such paragraph and shall be  deemed  to  expire
 therewith,  when upon such date the provisions of section four-e of this
 act shall take effect;
   (c-6) the amendments to paragraph f of subdivision 1 of section 239 of
 the vehicle and traffic law made by section four-e of this act shall not
 affect the expiration of such paragraph and shall be  deemed  to  expire
 therewith,  when upon such date the provisions of section four-f of this
 act shall take effect;
   (c-7) the amendments to paragraph f of subdivision 1 of section 239 of
 the vehicle and traffic law made by section four-f of this act shall not
 affect the expiration of such paragraph and shall be  deemed  to  expire
 therewith,  when upon such date the provisions of section four-g of this
 act shall take effect;
   (c-8) the amendments to paragraph f of subdivision 1 of section 239 of
 the vehicle and traffic law made by section four-g of this act shall not
 affect the expiration of such paragraph and shall be  deemed  to  expire
 therewith,  when upon such date the provisions of section four-h of this
 act shall take effect;
   (d) the amendments to subdivisions 1 and 1-a of  section  240  of  the
 vehicle  and  traffic  law  made  by  section five of this act shall not
 affect the expiration of such subdivisions and shall be deemed to expire
 therewith, when upon such date the provisions of section five-a of  this
 act shall take effect;
   (d-1)  the  amendments to subdivisions 1 and 1-a of section 240 of the
 vehicle and traffic law made by section five-a of  this  act  shall  not
 affect the expiration of such subdivisions and shall be deemed to expire
 therewith,  when upon such date the provisions of section five-b of this
 act shall take effect;
   (d-2) the amendments to subdivisions 1 and 1-a of section 240  of  the
 vehicle  and  traffic  law  made by section five-b of this act shall not
 affect the expiration of such subdivisions and shall be deemed to expire

 S. 2508--B                         79
 
 therewith, when upon such date the provisions of section five-c of  this
 act shall take effect;
   (d-3)  the  amendments to subdivisions 1 and 1-a of section 240 of the
 vehicle and traffic law made by section five-c of  this  act  shall  not
 affect the expiration of such subdivisions and shall be deemed to expire
 therewith,  when upon such date the provisions of section five-d of this
 act shall take effect;
   (d-4) the amendments to subdivisions 1 and 1-a of section 240  of  the
 vehicle  and  traffic  law  made by section five-d of this act shall not
 affect the expiration of such subdivisions and shall be deemed to expire
 therewith, when upon such date the provisions of section five-e of  this
 act shall take effect;
   (d-5)  the  amendments to subdivisions 1 and 1-a of section 240 of the
 vehicle and traffic law made by section five-e of  this  act  shall  not
 affect the expiration of such subdivisions and shall be deemed to expire
 therewith,  when upon such date the provisions of section five-f of this
 act shall take effect;
   (d-6) the amendments to subdivisions 1 and 1-a of section 240  of  the
 vehicle  and  traffic  law  made by section five-f of this act shall not
 affect the expiration of such subdivisions and shall be deemed to expire
 therewith, when upon such date the provisions of section five-g of  this
 act shall take effect;
   (d-7)  the  amendments  to subdivision 1 of section 240 of the vehicle
 and traffic law made by section five-g of this act shall not affect  the
 expiration  of such subdivision and shall be deemed to expire therewith,
 when upon such date the provisions of section five-h of this  act  shall
 take effect;
   (d-8)  the amendments to subdivision 1-a of section 240 of the vehicle
 and traffic law made by section five-h of this act shall not affect  the
 expiration  of such subdivision and shall be deemed to expire therewith,
 when upon such date the provisions of section five-i of this  act  shall
 take effect;
   (e)  the  amendments to paragraphs a and g of subdivision 2 of section
 240 of the vehicle and traffic law made by section six of this act shall
 not affect the expiration of such paragraphs  and  shall  be  deemed  to
 expire therewith, when upon such date the provisions of section six-a of
 this act shall take effect;
   (e-1) the amendments to paragraphs a and g of subdivision 2 of section
 240  of  the  vehicle  and traffic law made by section six-a of this act
 shall not affect the expiration of such paragraphs and shall  be  deemed
 to expire therewith, when upon such date the provisions of section six-b
 of this act shall take effect;
   (e-2) the amendments to paragraphs a and g of subdivision 2 of section
 240  of  the  vehicle  and traffic law made by section six-b of this act
 shall not affect the expiration of such paragraphs and shall  be  deemed
 to expire therewith, when upon such date the provisions of section six-c
 of this act shall take effect;
   (e-3) the amendments to paragraphs a and g of subdivision 2 of section
 240  of  the  vehicle  and traffic law made by section six-c of this act
 shall not affect the expiration of such paragraphs and shall  be  deemed
 to expire therewith, when upon such date the provisions of section six-d
 of this act shall take effect;
   (e-4) the amendments to paragraphs a and g of subdivision 2 of section
 240  of  the  vehicle  and traffic law made by section six-d of this act
 shall not affect the expiration of such paragraphs and shall  be  deemed

 S. 2508--B                         80

 to expire therewith, when upon such date the provisions of section six-e
 of this act shall take effect;
   (e-5) the amendments to paragraphs a and g of subdivision 2 of section
 240  of  the  vehicle  and traffic law made by section six-e of this act
 shall not affect the expiration of such paragraphs and shall  be  deemed
 to expire therewith, when upon such date the provisions of section six-f
 of this act shall take effect;
   (e-6) the amendments to paragraphs a and g of subdivision 2 of section
 240  of  the  vehicle  and traffic law made by section six-f of this act
 shall not affect the expiration of such paragraphs and shall  be  deemed
 to expire therewith, when upon such date the provisions of section six-g
 of this act shall take effect;
   (e-7) the amendments to paragraphs a and g of subdivision 2 of section
 240  of  the  vehicle  and traffic law made by section six-g of this act
 shall not affect the expiration of such paragraphs and shall  be  deemed
 to expire therewith, when upon such date the provisions of section six-h
 of this act shall take effect;
   (f) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
 cle  and  traffic law made by section seven of this act shall not affect
 the expiration of such subdivisions and shall be deemed to expire there-
 with, when upon such date the provisions of section seven-a of this  act
 shall take effect;
   (f-1)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
 vehicle and traffic law made by section seven-a of this  act  shall  not
 affect the expiration of such subdivisions and shall be deemed to expire
 therewith, when upon such date the provisions of section seven-b of this
 act shall take effect;
   (f-2)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
 vehicle and traffic law made by section seven-b of this  act  shall  not
 affect the expiration of such subdivisions and shall be deemed to expire
 therewith, when upon such date the provisions of section seven-c of this
 act shall take effect;
   (f-3)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
 vehicle and traffic law made by section seven-c of this  act  shall  not
 affect the expiration of such subdivisions and shall be deemed to expire
 therewith, when upon such date the provisions of section seven-d of this
 act shall take effect;
   (f-4)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
 vehicle and traffic law made by section seven-d of this  act  shall  not
 affect the expiration of such subdivisions and shall be deemed to expire
 therewith, when upon such date the provisions of section seven-e of this
 act shall take effect;
   (f-5)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
 vehicle and traffic law made by section seven-e of this  act  shall  not
 affect the expiration of such subdivisions and shall be deemed to expire
 therewith, when upon such date the provisions of section seven-f of this
 act shall take effect;
   (f-6)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
 vehicle and traffic law made by section seven-f of this  act  shall  not
 affect the expiration of such subdivisions and shall be deemed to expire
 therewith, when upon such date the provisions of section seven-g of this
 act shall take effect;
   (f-7)  the  amendments  to  subdivisions 1 and 2 of section 241 of the
 vehicle and traffic law made by section seven-g of this  act  shall  not
 affect the expiration of such subdivisions and shall be deemed to expire

 S. 2508--B                         81
 
 therewith,  when  upon  such date the provisions of sections seven-h and
 seven-i of this act shall take effect;
   (g)  the  amendments  to  the  opening  paragraph and paragraph (c) of
 subdivision 1 of section 1809 of the vehicle and  traffic  law  made  by
 section nine of this act shall not affect the expiration of such section
 and  shall  be  deemed  to  expire  therewith,  when  upon such date the
 provisions of section nine-a of this act shall take effect;
   (g-1) the amendments to the opening paragraph  and  paragraph  (c)  of
 subdivision  1  of  section  1809 of the vehicle and traffic law made by
 section nine-a of this act shall  not  affect  the  expiration  of  such
 section and shall be deemed to expire therewith, when upon such date the
 provisions of section nine-b of this act shall take effect;
   (g-2)  the  amendments to subdivision 1 of section 1809 of the vehicle
 and traffic law made by section nine-b of this act shall not affect  the
 expiration of such section and shall be deemed to expire therewith, when
 upon  such  date the provisions of section nine-c of this act shall take
 effect;
   (g-3) the amendments to subdivision 1 of section 1809 of  the  vehicle
 and  traffic law made by section nine-c of this act shall not affect the
 expiration of such section and shall be deemed to expire therewith, when
 upon such date the provisions of section nine-d of this act  shall  take
 effect;
   (g-4)  the  amendments to subdivision 1 of section 1809 of the vehicle
 and traffic law made by section nine-d of this act shall not affect  the
 expiration of such section and shall be deemed to expire therewith, when
 upon  such  date the provisions of section nine-e of this act shall take
 effect;
   (g-5) the amendments to subdivision 1 of section 1809 of  the  vehicle
 and  traffic law made by section nine-e of this act shall not affect the
 expiration of such section and shall be deemed to expire therewith, when
 upon such date the provisions of section nine-f of this act  shall  take
 effect;
   (g-6)  the  amendments to subdivision 1 of section 1809 of the vehicle
 and traffic law made by section nine-f of this act shall not affect  the
 expiration of such section and shall be deemed to expire therewith, when
 upon  such  date the provisions of section nine-g of this act shall take
 effect;
   (g-7) the amendments to subdivision 1 of section 1809 of  the  vehicle
 and  traffic law made by section nine-g of this act shall not affect the
 expiration of such section and shall be deemed to expire therewith, when
 upon such date the provisions of section nine-h of this act  shall  take
 effect;
   (h)  the  amendments to paragraph a of subdivision 1 of section 1809-e
 of the vehicle and traffic law made by section ten of this act shall not
 affect the expiration of such section and  shall  be  deemed  to  expire
 therewith,  when  upon such date the provisions of section ten-a of this
 act shall take effect;
   (h-1) the amendments to section 1809-e of the vehicle and traffic  law
 made  by  section  ten-a  of this act shall not affect the expiration of
 such section and shall be deemed to expire  therewith,  when  upon  such
 date the provisions of section ten-b of this act shall take effect;
   (h-2)  the amendments to section 1809-e of the vehicle and traffic law
 made by section ten-b of this act shall not  affect  the  expiration  of
 such  section  and  shall  be deemed to expire therewith, when upon such
 date the provisions of section ten-c of this act shall take effect;

 S. 2508--B                         82
 
   (h-3) the amendments to section 1809-e of the vehicle and traffic  law
 made  by  section  ten-c  of this act shall not affect the expiration of
 such section and shall be deemed to expire  therewith,  when  upon  such
 date the provisions of section ten-d of this act shall take effect;
   (h-4)  the amendments to section 1809-e of the vehicle and traffic law
 made by section ten-d of this act shall not  affect  the  expiration  of
 such  section  and  shall  be deemed to expire therewith, when upon such
 date the provisions of section ten-e of this act shall take effect;
   (h-5) the amendments to section 1809-e of the vehicle and traffic  law
 made  by  section  ten-e  of this act shall not affect the expiration of
 such section and shall be deemed to expire  therewith,  when  upon  such
 date the provisions of section ten-f of this act shall take effect;
   (h-6)  the amendments to section 1809-e of the vehicle and traffic law
 made by section ten-f of this act shall not  affect  the  expiration  of
 such  section  and  shall  be deemed to expire therewith, when upon such
 date the provisions of section ten-g of this act shall take effect;
   (i) the amendments to subparagraph (i) of paragraph a  of  subdivision
 5-a  of  of  section  401 of the vehicle and traffic law made by section
 eleven of this act shall not affect the expiration of such  section  and
 shall  be deemed to expire therewith, when upon such date the provisions
 of section eleven-a of this act shall take effect;
   (i-1) the amendments to subparagraph (i) of paragraph a of subdivision
 5-a of section 401 of the  vehicle  and  traffic  law  made  by  section
 eleven-a of this act shall not affect the expiration of such section and
 shall  be deemed to expire therewith, when upon such date the provisions
 of section eleven-b of this act shall take effect;
   (i-2) the amendments to section 401 of the  vehicle  and  traffic  law
 made  by section eleven-b of this act shall not affect the expiration of
 such section and shall be deemed to expire  therewith,  when  upon  such
 date the provisions of section eleven-c of this act shall take effect;
   (i-3)  the  amendments  to  section 401 of the vehicle and traffic law
 made by section eleven-c of this act shall not affect the expiration  of
 such  section  and  shall  be deemed to expire therewith, when upon such
 date the provisions of section eleven-d of this act shall take effect;
   (i-4) the amendments to section 401 of the  vehicle  and  traffic  law
 made  by section eleven-d of this act shall not affect the expiration of
 such section and shall be deemed to expire  therewith,  when  upon  such
 date the provisions of section eleven-e of this act shall take effect;
   (i-5)  the  amendments  to  section 401 of the vehicle and traffic law
 made by section eleven-e of this act shall not affect the expiration  of
 such  section  and  shall  be deemed to expire therewith, when upon such
 date the provisions of section eleven-f of this act shall take effect;
   (i-6) the amendments to section 401 of the  vehicle  and  traffic  law
 made  by section eleven-f of this act shall not affect the expiration of
 such section and shall be deemed to expire  therewith,  when  upon  such
 date  the  provisions of section eleven-g of this act shall take effect;
 and
   (i-7) the amendments to section 401 of the  vehicle  and  traffic  law
 made  by section eleven-g of this act shall not affect the expiration of
 such section and shall be deemed to expire  therewith,  when  upon  such
 date the provisions of section eleven-h of this act shall take effect.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section, subpart or part of this act shall be adjudged by a court
 of competent jurisdiction to be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation to the clause, sentence, paragraph, subdivision, section,

 S. 2508--B                         83
 
 subpart or part thereof directly involved in the  controversy  in  which
 such  judgment shall have been rendered. It is hereby declared to be the
 intent of the legislature that this act would have been enacted even  if
 such invalid provisions had not been included herein.
   §  3.  This act shall take effect immediately, provided, however, that
 the applicable effective date of Subparts A through D of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART C
 
   Section 1. Subdivision 1 of section 359 of the public authorities law,
 as amended by section 6 of part TT of chapter 54 of the laws of 2016, is
 amended to read as follows:
   1.  On assuming jurisdiction of a thruway section or connection or any
 part thereof, or of a highway connection, the  authority  shall  proceed
 with  the  construction, reconstruction or improvement thereof. All such
 work shall be done pursuant to a contract or contracts  which  shall  be
 let  to  the  lowest  responsible  bidder,  by sealed proposals publicly
 opened, after public advertisement and upon such terms and conditions as
 the authority shall require; provided, however, that the  authority  may
 reject  any  and  all  proposals and may advertise for new proposals, as
 herein provided, if in its opinion, the best interests of the  authority
 will thereby be promoted; provided further, however, that at the request
 of  the  authority,  all  or any portion of such work, together with any
 engineering required by the authority in connection therewith, shall  be
 performed  by the commissioner and his subordinates in the department of
 transportation as agents for, and at the expense of, the authority.  FOR
 THE PURPOSES OF THIS SECTION, A SEALED  PROPOSAL  MAY  BE  RECEIVED  AND
 SECURED  ELECTRONICALLY  AS  PERMITTED  BY  THE AUTHORITY, PROVIDED SUCH
 PROPOSAL IS MAINTAINED AND OPENED IN A MANNER CONSISTENT WITH  THAT  FOR
 PHYSICALLY  SEALED  PROPOSALS  AND IS POSTED FOR PUBLIC VIEW AT THE SAME
 TIME AS ANY COMPETING SEALED PROPOSAL. THE AUTHORITY SHALL, AT  MINIMUM,
 PROVIDE THE SAME OPPORTUNITY AND TIME FOR SUBMITTING BIDS ELECTRONICALLY
 AS  FOR PROPOSALS SUBMITTED PHYSICALLY, AND THE BOARD SHALL ALSO APPROVE
 A PROCESS FOR FORCE MAJEURE EVENTS, INCLUDING BUT NOT LIMITED TO  INTER-
 NET AND POWER OUTAGE EVENTS.
   § 2. This act shall take effect immediately.

                                  PART D
 
                           Intentionally Omitted
 
                                  PART E
 
   Section  1.  The closing paragraph of section 165.15 of the penal law,
 as amended by chapter 275 of the laws of 2018,  is  amended  and  a  new
 subdivision 3-a is added to read as follows:
   3-A.  WITH  INTENT  TO  USE ANY TOLL HIGHWAY, PARKWAY, ROAD, BRIDGE OR
 TUNNEL OR TO ENTER OR REMAIN IN THE  TOLLED  CENTRAL  BUSINESS  DISTRICT
 DESCRIBED  IN  SECTION SEVENTEEN HUNDRED FOUR OF THE VEHICLE AND TRAFFIC
 LAW WITHOUT PAYMENT OF THE LAWFUL CHARGE OR TOLL THEREFOR, OR  TO  AVOID
 PAYMENT  OF  THE  LAWFUL  CHARGE OR TOLL FOR SUCH TRANSPORTATION SERVICE
 WHICH HAS BEEN RENDERED TO HIM OR HER FOR SUCH USE OF ANY TOLL  HIGHWAY,
 PARKWAY,  ROAD,  BRIDGE  OR  TUNNEL OR FOR SUCH ENTERING OR REMAINING IN
 SUCH TOLLED CENTRAL BUSINESS DISTRICT, HE OR SHE AVOID  OR  ATTEMPTS  TO

 S. 2508--B                         84
 
 AVOID  PAYMENT  BY FORCE, INTIMIDATION, STEALTH, DECEPTION OR MECHANICAL
 TAMPERING; OR
   Theft  of services is a class A misdemeanor[, provided]. (A) PROVIDED,
 however, that theft of  cable  television  service  as  defined  by  the
 provisions  of  paragraphs  (a), (c) and (d) of subdivision four of this
 section, and having a value not in excess of one hundred  dollars  by  a
 person  who has not been previously convicted of theft of services under
 subdivision four of this section is a violation, that theft of  services
 under  subdivision  nine  of  this  section by a person who has not been
 previously convicted of theft of services under subdivision nine of this
 section is a violation, that theft of services under subdivision  twelve
 of  this  section  by  a person who has not previously been convicted of
 theft of  services  under  subdivision  twelve  of  this  section  is  a
 violation[, and provided].
   (B) PROVIDED further, however, that theft of services of any telephone
 service  under  paragraph (a) or (b) of subdivision five of this section
 having a value in excess of one thousand dollars or by a person who  has
 been  previously  convicted within five years of theft of services under
 paragraph (a) of subdivision five of this section is a class E felony.
   (C) (I) PROVIDED, FURTHER, THAT A COURT OR HEARING OFFICER SHALL OFFER
 A PERSON WHO IS CHARGED WITH THEFT OF  SERVICES  OF  ANY  TRANSPORTATION
 SERVICE  UNDER  SUBDIVISION  THREE-A  OF THIS SECTION WHO IS FINANCIALLY
 UNABLE TO AFFORD COUNSEL PURSUANT TO ARTICLE EIGHTEEN-B  OF  THE  COUNTY
 LAW  THE  OPPORTUNITY  TO  ENTER  INTO AN INSTALLMENT PAYMENT PLAN AS AN
 ALTERNATE SENTENCE TO THE CRIMINAL CHARGE SET FORTH IN THIS SECTION. THE
 COURT OR HEARING OFFICER SHALL OFFER  SUCH  PERSON  THE  OPPORTUNITY  TO
 ENTER  INTO  AN INSTALLMENT PAYMENT PLAN AT NO CHARGE FOR THE PAYMENT OF
 SUCH FINES, SURCHARGES  AND  ANY  FEES  RELATED  TO  VIOLATION  OF  THIS
 SECTION.  ANY  SUCH  INSTALLMENT  PAYMENT PLAN SHALL BE COMPRISED OF ALL
 FINES, FEES, AND SURCHARGES AND SHALL CONSIST OF MONTHLY  PAYMENTS  THAT
 DO NOT EXCEED TWO PERCENT OF SUCH PERSON'S MONTHLY NET INCOME OR FIFTEEN
 DOLLARS  PER  MONTH, WHICHEVER IS GREATER. FOR PURPOSES OF THIS SUBDIVI-
 SION, THE TERM "NET INCOME" SHALL MEAN SUCH PERSON'S TOTAL  INCOME  FROM
 ALL  SOURCES  AND ASSETS, MINUS DEDUCTIONS REQUIRED BY LAW INCLUDING BUT
 NOT LIMITED TO UNRELATED ADMINISTRATIVE  OR  COURT-ORDERED  GARNISHMENTS
 AND  SUPPORT  PAYMENTS.  A  COURT  OR  HEARING  OFFICER  MAY REQUIRE THE
 SUBMISSION OF A FINANCIAL DISCLOSURE REPORT FROM ALL PERSONS WHO OPT  TO
 ENTER  INTO  INSTALLMENT  PAYMENT PLANS. A COURT OR HEARING OFFICER ALSO
 MAY ACCEPT PAYMENTS HIGHER THAN THE SET AMOUNT, BUT SHALL NOT  UNDERTAKE
 ADDITIONAL  ENFORCEMENT  ACTIONS  SO LONG AS THE PERSON MEETS HIS OR HER
 PAYMENT OBLIGATIONS UNDER THE INSTALLMENT PAYMENT PLAN. A COURT OR HEAR-
 ING OFFICER MAY REQUIRE PERSONS ENTERING INSTALLMENT  PAYMENT  PLANS  TO
 APPEAR  NO  MORE  FREQUENTLY  THAN ANNUALLY BEFORE SUCH COURT OR HEARING
 OFFICER TO ASSESS THEIR FINANCIAL  CIRCUMSTANCES,  AND  MAY  SET  A  NEW
 PAYMENT  AMOUNT IF SUCH PERSON'S FINANCIAL CIRCUMSTANCES HAVE CHANGED. A
 PERSON WHO ENTERS INTO AN INSTALLMENT PAYMENT  PLAN  AND  EXPERIENCES  A
 REDUCTION  IN  INCOME  MAY  PETITION THE COURT OR HEARING OFFICER AT ANY
 TIME TO SEEK A REDUCTION IN THE MONTHLY PAYMENT.
   (II) ANY FINES PAID BY A PERSON CONVICTED OF THEFT OF SERVICES OF  ANY
 TRANSPORTATION  SERVICE  UNDER SUBDIVISION THREE-A OF THIS SECTION SHALL
 BE PAID TO THE COMPTROLLER FOR REMITTANCE TO THE EXECUTIVE  DIRECTOR  OF
 THE  AUTHORITY  WHICH  OPERATES SUCH HIGHWAY, BRIDGE, TUNNEL, OR CENTRAL
 BUSINESS DISTRICT. THE EXECUTIVE DIRECTORS SHALL DEDICATE SUCH PENALTIES
 OR FINES TO MAINTENANCE OR STATE OF GOOD REPAIR  PURPOSES  ON  HIGHWAYS,
 BRIDGES,  OR TUNNELS, AND SHALL INCLUDE AN ITEMIZED LIST OF EXPENDITURES
 MADE WITH FUNDS RECEIVED  PURSUANT  TO  THIS  SECTION  IN  THEIR  ANNUAL

 S. 2508--B                         85
 
 REPORT.  SUCH AMOUNTS OF REVENUE DEDICATED PURSUANT TO THIS SUBPARAGRAPH
 SHALL  BE  USED  TO  INCREASE THE LEVEL OF FUNDS THAT WOULD OTHERWISE BE
 MADE AVAILABLE FOR MAINTENANCE OR STATE  OF  GOOD  REPAIR  PURPOSES  AND
 SHALL  NOT  SUPPLANT THE AMOUNT TO BE EXPENDED AS OTHERWISE PROVIDED FOR
 PURSUANT TO STATE OR LOCAL LAW, RULE OR REGULATION.
   § 2. Paragraph (b) of subdivision 1 of section 402 of the vehicle  and
 traffic  law,  as amended by chapter 109 of the laws of 2005, is amended
 to read as follows:
   (b) (I) Number plates shall be kept clean and in a condition so as  to
 be  easily  readable  and  shall  not be covered by glass or any plastic
 material[, and];
   (II) NUMBER PLATES shall not be knowingly covered or coated  with  any
 artificial  or synthetic material or substance that conceals or obscures
 such number plates or that distorts a recorded or photographic image  of
 such number plates[, and the]; AND
   (III)  THE  VIEW  of such number plates shall not be obstructed by any
 part of the vehicle or by anything carried thereon, except for a receiv-
 er-transmitter issued by a publicly owned tolling facility in connection
 with  electronic  toll  collection  when  such  receiver-transmitter  is
 affixed  to  the  exterior  of  a  vehicle  in  accordance with mounting
 instructions provided by the tolling facility.
   § 3. Subdivision 8 of section 402 of the vehicle and traffic  law,  as
 amended  by  chapter 61 of the laws of 1989 and as renumbered by chapter
 648 of the laws of 2006, is amended to read as follows:
   8. The violation of this section shall be punishable by a fine of  not
 less  than  twenty-five  nor  more  than  two hundred dollars EXCEPT FOR
 VIOLATIONS OF SUBPARAGRAPHS (II) AND (III) OF PARAGRAPH (B) OF  SUBDIVI-
 SION ONE OF THIS SECTION WHICH SHALL BE PUNISHABLE BY A FINE OF NOT LESS
 THAN  ONE  HUNDRED NOR MORE THAN FIVE HUNDRED DOLLARS.  PROVIDED FURTHER
 THAT CIVIL PENALTIES OR FINES ASSESSED PURSUANT  TO  SUBPARAGRAPHS  (II)
 AND (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION THAT OCCUR
 ON  A  TOLLED  HIGHWAY,  BRIDGE, AND/OR TUNNEL FACILITY OR IN THE TOLLED
 CENTRAL BUSINESS DISTRICT DESCRIBED IN SECTION SEVENTEEN HUNDRED FOUR OF
 THIS CHAPTER SHALL BE PAID TO THE  COMPTROLLER  FOR  REMITTANCE  TO  THE
 EXECUTIVE DIRECTOR OF THE AUTHORITY WHICH OPERATES SUCH HIGHWAY, BRIDGE,
 TUNNEL,  OR  CENTRAL  BUSINESS  DISTRICT.  THE EXECUTIVE DIRECTORS SHALL
 DEDICATE SUCH PENALTIES OR FINES TO MAINTENANCE OR STATE OF GOOD  REPAIR
 PURPOSES ON HIGHWAYS, BRIDGES, OR TUNNELS, AND SHALL INCLUDE AN ITEMIZED
 LIST  OF  EXPENDITURES MADE WITH FUNDS RECEIVED PURSUANT TO THIS SECTION
 IN THEIR ANNUAL REPORT.  PROVIDED  ADDITIONALLY  THAT  SUCH  AMOUNTS  OF
 REVENUE  DEDICATED  TO  SUCH  AUTHORITIES  SHALL BE USED TO INCREASE THE
 LEVEL OF FUNDS THAT WOULD OTHERWISE BE MADE AVAILABLE FOR MAINTENANCE OR
 STATE OF GOOD REPAIR PURPOSES AND SHALL NOT SUPPLANT THE  AMOUNT  TO  BE
 EXPENDED  AS OTHERWISE PROVIDED FOR PURSUANT TO STATE OR LOCAL LAW, RULE
 OR REGULATION.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
                                  PART F
 
                           Intentionally Omitted
 
                                  PART G

                           Intentionally Omitted

 S. 2508--B                         86
 
                                  PART H
 
                           Intentionally Omitted
 
                                  PART I
 
   Section 1. Subdivision 11 of section 120.05 of the penal law, as sepa-
 rately  amended  by chapters 268 and 281 of the laws of 2016, is amended
 to read as follows:
   11. With intent to cause physical injury to a train  operator,  ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner,  terminal  cleaner,  STATION  CUSTOMER  ASSISTANT; PERSON WHOSE
 OFFICIAL DUTIES INCLUDE THE  SALE  OR  COLLECTION  OF  TICKETS,  PASSES,
 VOUCHERS,  OR  OTHER  FARE  PAYMENT  MEDIA FOR USE ON A  TRAIN OR BUS; A
 PERSON  WHOSE  OFFICIAL  DUTIES   INCLUDE   THE   MAINTENANCE,   REPAIR,
 INSPECTION,  TROUBLESHOOTING,  TESTING  OR  CLEANING OF A TRANSIT SIGNAL
 SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS,  TRANSIT  STATION  STRUC-
 TURE,  COMMUTER  RAIL  TRACKS  OR STATIONS, TRAIN YARD, REVENUE TRAIN IN
 PASSENGER SERVICE, BUS WHILE ON THE ROAD, OR A TRAIN OR BUS  STATION  OR
 TERMINAL;  OR A SUPERVISOR OF SUCH PERSONNEL, employed by any transit OR
 COMMUTER RAILROAD agency, authority or company, public or private, whose
 operation is authorized by New York state or any of its political subdi-
 visions, a city marshal, a school crossing guard appointed  pursuant  to
 section  two  hundred  eight-a  of  the general municipal law, a traffic
 enforcement officer, traffic enforcement agent, prosecutor as defined in
 subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
 sanitation  enforcement  agent,  New York city sanitation worker, public
 health sanitarian, New York city public  health  sanitarian,  registered
 nurse, licensed practical nurse, emergency medical service paramedic, or
 emergency  medical  service technician, he or she causes physical injury
 to such train operator, ticket inspector, conductor,  signalperson,  bus
 operator,  station  agent,  station  cleaner,  terminal cleaner, STATION
 CUSTOMER ASSISTANT; PERSON WHOSE OFFICIAL DUTIES  INCLUDE  THE  SALE  OR
 COLLECTION  OF TICKETS, PASSES, VOUCHERS OR OTHER FARE PAYMENT MEDIA FOR
 USE ON A  TRAIN OR BUS; A PERSON WHOSE OFFICIAL DUTIES INCLUDE THE MAIN-
 TENANCE, REPAIR, INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING  OF  A
 TRANSIT  SIGNAL  SYSTEM,  ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT
 STATION STRUCTURE, COMMUTER RAIL TRACKS OR STATIONS, TRAIN YARD, REVENUE
 TRAIN IN PASSENGER SERVICE, BUS WHILE ON THE ROAD, OR  A  TRAIN  OR  BUS
 STATION  OR  TERMINAL;  OR A SUPERVISOR OF SUCH PERSONNEL, city marshal,
 school crossing guard appointed pursuant to section two hundred  eight-a
 of  the  general  municipal  law,  traffic  enforcement officer, traffic
 enforcement agent, prosecutor as defined in  subdivision  thirty-one  of
 section  1.20  of the criminal procedure law, registered nurse, licensed
 practical nurse, public health sanitarian, New York city  public  health
 sanitarian, sanitation enforcement agent, New York city sanitation work-
 er,  emergency  medical  service paramedic, or emergency medical service
 technician, while such employee is performing an assigned  duty  on,  or
 directly  related  to,  the operation of a train or bus, [including the]
 cleaning of a train or bus station or terminal, ASSISTING CUSTOMERS, THE
 SALE OR COLLECTION OF TICKETS, PASSES, VOUCHERS, OR OTHER FARE MEDIA FOR
 USE ON A TRAIN OR BUS, OR MAINTENANCE OF  A  TRAIN  OR  BUS  STATION  OR
 TERMINAL,  SIGNAL SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT
 STATION STRUCTURE, COMMUTER RAIL TRACKS OR STATIONS, TRAIN YARD, REVENUE
 TRAIN IN PASSENGER SERVICE OR BUS  WHILE  ON  THE  ROAD,  or  such  city
 marshal,  school  crossing  guard,  traffic enforcement officer, traffic

 S. 2508--B                         87

 enforcement agent, prosecutor as defined in  subdivision  thirty-one  of
 section  1.20  of the criminal procedure law, registered nurse, licensed
 practical nurse, public health sanitarian, New York city  public  health
 sanitarian, sanitation enforcement agent, New York city sanitation work-
 er,  emergency  medical  service paramedic, or emergency medical service
 technician is performing an assigned duty; or
   § 2. Section 240.30 of the penal law is amended by adding a new subdi-
 vision 3-a to read as follows:
   3-A. STRIKES, SHOVES, KICKS, OR OTHERWISE SUBJECTS ANOTHER  PERSON  TO
 PHYSICAL CONTACT, WHICH INCLUDES SPITTING ON SUCH OTHER PERSON, AND SUCH
 OTHER  PERSON IS AN ON-DUTY TRAIN OPERATOR; TICKET INSPECTOR; CONDUCTOR;
 SIGNALPERSON; BUS OPERATOR; STATION  AGENT;  STATION  CLEANER;  TERMINAL
 CLEANER;  STATION  CUSTOMER  ASSISTANT;  PERSON  WHOSE  OFFICIAL  DUTIES
 INCLUDE THE SALE OR COLLECTION OF TICKETS,  PASSES,  VOUCHERS  OR  OTHER
 FARE  PAYMENT  MEDIA  FOR  USE  ON A TRAIN OR BUS; PERSON WHOSE OFFICIAL
 DUTIES INCLUDE THE  MAINTENANCE,  REPAIR,  INSPECTION,  TROUBLESHOOTING,
 TESTING  OR CLEANING OF A TRANSIT SIGNAL SYSTEM, ELEVATED OR UNDERGROUND
 SUBWAY TRACKS,  TRANSIT  STATION  STRUCTURE,  COMMUTER  RAIL  TRACKS  OR
 STATIONS,  TRAIN  YARD, REVENUE TRAIN IN PASSENGER SERVICE, BUS WHILE ON
 THE ROAD, OR TRAIN OR BUS STATION OR TERMINAL, OR A SUPERVISOR  OF  SUCH
 PERSONNEL, EMPLOYED BY ANY TRANSIT OR COMMUTER RAILROAD AGENCY, AUTHORI-
 TY  OR  COMPANY, PUBLIC OR PRIVATE, WHOSE OPERATION IS AUTHORIZED BY NEW
 YORK STATE OR ANY OF ITS POLITICAL SUBDIVISIONS; OR
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
                                  PART J
 
   Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
 New York state urban development corporation act, relating to the powers
 of the New York state urban development corporation to  make  loans,  as
 amended  by  section  1 of part FF of chapter 58 of the laws of 2020, is
 amended to read as follows:
   § 2. This act shall take effect immediately  provided,  however,  that
 section  one  of  this act shall expire on July 1, [2021] 2022, at which
 time the provisions of subdivision 26 of section 5 of the New York state
 urban development corporation act shall be  deemed  repealed;  provided,
 however,  that neither the expiration nor the repeal of such subdivision
 as provided for herein shall be deemed to affect or impair in any manner
 any loan made pursuant to the authority of  such  subdivision  prior  to
 such expiration and repeal.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after July 1, 2021.
 
                                  PART K
 
   Section 1. Subdivision 3 of section 16-m of section 1 of  chapter  174
 of  the  laws  of 1968 constituting the New York state urban development
 corporation act, as amended by section 1 of part EE of chapter 58 of the
 laws of 2020, is amended to read as follows:
   3. The provisions of this section shall  expire,  notwithstanding  any
 inconsistent provision of subdivision 4 of section 469 of chapter 309 of
 the laws of 1996 or of any other law, on July 1, [2021] 2022.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after July 1, 2021.

 S. 2508--B                         88
 
                                  PART L
 
                           Intentionally Omitted
 
                                  PART M
 
   Section  1.  Section  3  of  part S of chapter 58 of the laws of 2016,
 relating to transferring the statutory authority for the promulgation of
 marketing orders from the department of agriculture and markets  to  the
 New York state urban development corporation, as amended by section 1 of
 part Y of chapter 58 of the laws of 2018, is amended to read as follows:
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law [and shall expire and  be  deemed  repealed  July  31,
 2021]; provided, however, that any assessment due and payable under such
 marketing  orders shall be remitted to the urban development corporation
 starting 30 days after such effective date.
   § 2.  This act shall take effect immediately.
 
                                  PART N
 
   Section 1. Section 2 of chapter 21 of the laws of 2003,  amending  the
 executive  law  relating to permitting the secretary of state to provide
 special handling for all documents filed or issued by  the  division  of
 corporations  and to permit additional levels of such expedited service,
 as amended by section 1 of part R of chapter 58 of the laws of 2020,  is
 amended to read as follows:
   §  2.  This  act shall take effect immediately, provided however, that
 section one of this act shall be deemed to have been in full  force  and
 effect on and after April 1, 2003 [and shall expire March 31, 2021].
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after March 31, 2021.
 
                                  PART O
 
   Section 1. Paragraph (d) of section 304 of  the  business  corporation
 law is amended to read as follows:
   (d) Any  designated  [post-office]  POST  OFFICE  address to which the
 secretary of state shall mail a copy of process served upon him  OR  HER
 as  agent  of  a  domestic  corporation  or a foreign corporation, shall
 continue until the filing of a certificate  OR  OTHER  INSTRUMENT  under
 this  chapter  directing  the  mailing to a different [post-office] POST
 OFFICE address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH  THE  SECRETARY
 OF  STATE SHALL EMAIL NOTICE OF THE FACT THAT PROCESS HAS BEEN ELECTRON-
 ICALLY SERVED UPON HIM OR HER AS AGENT  OF  A  DOMESTIC  CORPORATION  OR
 FOREIGN  CORPORATION SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR
 OTHER INSTRUMENT UNDER THIS  CHAPTER  CHANGING  OR  DELETING  THE  EMAIL
 ADDRESS.
   §  2.  Subparagraph  1 of paragraph (b) of section 306 of the business
 corporation law, as amended by chapter 419  of  the  laws  of  1990,  is
 amended to read as follows:
   (1)  Service of process on the secretary of state as agent of a domes-
 tic or authorized foreign corporation shall be made [by  personally]  IN
 THE  MANNER  PROVIDED  BY  CLAUSE  (I) OR (II) OF THIS SUBPARAGRAPH. (I)
 PERSONALLY delivering to and leaving with the secretary of  state  or  a
 deputy,  or  with  any  person  authorized  by the secretary of state to

 S. 2508--B                         89
 
 receive such service, at the office of the department of  state  in  the
 city of Albany, duplicate copies of such process together with the stat-
 utory fee, which fee shall be a taxable disbursement. Service of process
 on  such corporation shall be complete when the secretary of state is so
 served. The secretary of state shall promptly send one of such copies by
 certified mail, return receipt requested, to such  corporation,  at  the
 post  office  address, on file in the department of state, specified for
 the purpose. If a domestic or authorized foreign corporation has no such
 address on file in the department of state, the secretary of state shall
 so mail such copy, in the case of a domestic corporation, in care of any
 director named in its certificate of  incorporation  at  the  director's
 address  stated  therein or, in the case of an authorized foreign corpo-
 ration, to such corporation at the address of  its  office  within  this
 state  on  file in the department. (II) ELECTRONICALLY SUBMITTING A COPY
 OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER  WITH  THE  STATUTORY
 FEE,  WHICH  FEE  SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC
 SYSTEM OPERATED BY THE DEPARTMENT OF STATE,  PROVIDED  THE  DOMESTIC  OR
 AUTHORIZED  FOREIGN  CORPORATION  HAS  AN  EMAIL  ADDRESS ON FILE IN THE
 DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE
 OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY
 OF STATE. SERVICE OF PROCESS ON SUCH CORPORATION SHALL BE COMPLETE  WHEN
 THE  SECRETARY  OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROC-
 ESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A  NOTICE  OF  THE  FACT
 THAT PROCESS HAS BEEN SERVED TO SUCH CORPORATION AT THE EMAIL ADDRESS ON
 FILE  IN  THE  DEPARTMENT  OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL
 MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH CORPORATION.
   § 3. The opening paragraph of paragraph (b)  of  section  307  of  the
 business corporation law is amended to read as follows:
   Service  of such process upon the secretary of state shall be made [by
 personally] IN THE MANNER PROVIDED BY SUBPARAGRAPH ONE OR  TWO  OF  THIS
 PARAGRAPH.  (1)  PERSONALLY  delivering  to  and leaving with him or his
 deputy, or with any person authorized  by  the  secretary  of  state  to
 receive  such  service,  at the office of the department of state in the
 city of Albany, a copy of such process together with the statutory  fee,
 which fee shall be a taxable disbursement. (2) ELECTRONICALLY SUBMITTING
 A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STAT-
 UTORY  FEE,  WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELEC-
 TRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE. Such service shall be
 sufficient if notice thereof and a copy of the process are:
   § 4. Subparagraph 7 of paragraph (a) of section 402  of  the  business
 corporation law is amended to read as follows:
   (7)  A  designation  of  the secretary of state as agent of the corpo-
 ration upon whom process against it may be served and  the  post  office
 address  within  or  without  this state to which the secretary of state
 shall mail a copy of any process against it served upon him OR HER.  THE
 CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE
 SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC-
 TRONICALLY SERVED UPON HIM OR HER.
   § 5. Paragraph (b) of section 801 of the business corporation  law  is
 amended by adding a new subparagraph 15 to read as follows:
   (15)  TO  SPECIFY,  CHANGE  OR  DELETE  THE EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   § 6. Paragraph (b) of section 803 of the business corporation  law  is
 amended by adding a new subparagraph 4 to read as follows:

 S. 2508--B                         90
 
   (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE-
 TARY  OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE
 CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  7.  Paragraph (b) of section 805-A of the business corporation law,
 as added by chapter 725 of the laws of  1964,  is  amended  to  read  as
 follows:
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 a  corporation served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH
 THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF  THE  FACT  THAT  PROCESS
 AGAINST  IT  HAS  BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE
 AND/OR the address of the registered agent, provided such address  being
 changed  is  the  address  of a person, partnership or other corporation
 whose address, as agent, is the address to be changed, AND/OR THE  EMAIL
 ADDRESS  BEING  CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR
 CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL  ADDRESS  TO  BE
 CHANGED,  or who has been designated as registered agent for such corpo-
 ration, may be signed[, verified] and delivered  to  the  department  of
 state  by  such  agent.  The  certificate  of change shall set forth the
 statements required under subparagraphs (a) (1), (2)  and  (3)  of  this
 section;  that  a notice of the proposed change was mailed to the corpo-
 ration by the party signing the certificate not less  than  thirty  days
 prior  to  the  date  of delivery to the department and that such corpo-
 ration has not objected thereto; and that the party signing the  certif-
 icate is the agent of such corporation to whose address the secretary of
 state  is  required  to mail copies of process [or], AND/OR THE AGENT OF
 THE CORPORATION TO  WHOSE  EMAIL  ADDRESS  THE  SECRETARY  OF  STATE  IS
 REQUIRED  TO  MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN
 ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered
 agent, if such be the case. A certificate signed[, verified] and  deliv-
 ered  under  this  paragraph  shall  not be deemed to effect a change of
 location of the office of the corporation in whose behalf  such  certif-
 icate is filed.
   §  8. Subparagraph 8 of paragraph (a) of section 904-a of the business
 corporation law, as amended by chapter 177  of  the  laws  of  2008,  is
 amended to read as follows:
   (8)  If  the surviving or resulting entity is a foreign corporation or
 other business entity, a designation of the secretary of  state  as  its
 agent upon whom process against it may be served in the manner set forth
 in  paragraph  (b)  of section three hundred six of this chapter, in any
 action or special proceeding, and a post office address, within or with-
 out this state, to which the secretary of state shall mail a copy of any
 process against it served upon him OR HER. THE CORPORATION  MAY  INCLUDE
 AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF
 THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM
 OR  HER.    Such  post  office address shall supersede any prior address
 designated as the address to which process  shall  be  mailed  AND  SUCH
 EMAIL  ADDRESS SHALL SUPERSEDE ANY PRIOR EMAIL ADDRESS DESIGNATED AS THE
 EMAIL ADDRESS TO WHICH A NOTICE SHALL BE SENT;
   § 9. Clause (G) of subparagraph 2 of paragraph (e) of section  907  of
 the  business  corporation law, as amended by chapter 494 of the laws of
 1997, is amended to read as follows:
   (G) A designation of the secretary of state as  its  agent  upon  whom
 process  against  it  may be served in the manner set forth in paragraph
 (b) of section 306 (Service  of  process),  in  any  action  or  special
 proceeding,  and a post office address, within or without this state, to

 S. 2508--B                         91
 
 which the secretary of state shall mail a copy of any process against it
 served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS  TO
 WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC-
 ESS  AGAINST  IT  HAS  BEEN ELECTRONICALLY SERVED UPON HIM OR HER.  Such
 post office address shall supersede any prior address designated as  the
 address  to  which  process shall be mailed AND SUCH EMAIL ADDRESS SHALL
 SUPERSEDE ANY PRIOR EMAIL ADDRESS DESIGNATED AS  THE  EMAIL  ADDRESS  TO
 WHICH A NOTICE SHALL BE SENT.
   §  10. Subparagraph 6 of paragraph (a) of section 1304 of the business
 corporation law, as amended by chapter 684 of the laws of  1963  and  as
 renumbered  by  chapter  590  of the laws of 1982, is amended to read as
 follows:
   (6) A designation of the secretary of state as  its  agent  upon  whom
 process  against  it may be served and the post office address within or
 without this state to which the secretary of state shall mail a copy  of
 any  process  against  it  served  upon  him OR HER. THE CORPORATION MAY
 INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL  EMAIL  A
 NOTICE  OF  THE  FACT  THAT  PROCESS  AGAINST IT HAS BEEN ELECTRONICALLY
 SERVED UPON HIM OR HER.
   § 11. Paragraph (a) of section 1308 of the business corporation law is
 amended by adding a new subparagraph 10 to read as follows:
   (10) TO SPECIFY, CHANGE OR DELETE  THE  EMAIL  ADDRESS  TO  WHICH  THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   § 12. Paragraph (c) of section 1309-A of the business corporation law,
 as  amended  by  chapter  172  of the laws of 1999, is amended and a new
 subparagraph 4 is added to paragraph (a) to read as follows:
   (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE-
 TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST  THE
 CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   (c) A certificate of change of application for authority which changes
 only  the post office address to which the secretary of state shall mail
 a copy of any process against an authorized foreign  corporation  served
 upon  him  or  HER,  AND/OR  THE EMAIL ADDRESS TO WHICH THE SECRETARY OF
 STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS  BEEN
 ELECTRONICALLY  SERVED  UPON THE SECRETARY OF STATE AND/OR which changes
 the address of its  registered  agent,  provided  such  address  is  the
 address  of a person, partnership or other corporation whose address, as
 agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING
 CHANGED IS THE EMAIL ADDRESS OF A  PERSON,  PARTNERSHIP  OR  CORPORATION
 WHOSE  EMAIL  ADDRESS,  AS  AGENT,  IS  THE EMAIL ADDRESS TO BE CHANGED,
 AND/OR who has been designated as registered agent for  such  authorized
 foreign  corporation,  may  be signed and delivered to the department of
 state by such agent.  The  certificate  of  change  of  application  for
 authority  shall  set  forth the statements required under subparagraphs
 (1), (2), (3) and (4) of paragraph (b) of this section; that a notice of
 the proposed change was mailed by the party signing the  certificate  to
 the  authorized  foreign  corporation not less than thirty days prior to
 the date of delivery to the department and that such corporation has not
 objected thereto; and that the party  signing  the  certificate  is  the
 agent  of  such  foreign  corporation  to whose address the secretary of
 state is required to mail copies of process [or], AND/OR  THE  AGENT  OF
 SUCH  FOREIGN  CORPORATION TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE
 IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT  PROCESS  AGAINST  IT  HAS
 BEEN  ELECTRONICALLY  SERVED ON THE SECRETARY OF STATE AND/OR the regis-
 tered agent, if such be the case. A  certificate  signed  and  delivered

 S. 2508--B                         92
 
 under  this paragraph shall not be deemed to effect a change of location
 of the office of the corporation in whose  behalf  such  certificate  is
 filed.
   §  13.  Subparagraph  6  of paragraph (a) and paragraph (d) of section
 1310 of the business corporation law, the opening paragraph of paragraph
 (d) as amended by chapter 172 of the laws of 1999, are amended  to  read
 as follows:
   (6)  A  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process  against  it  served
 upon  him  OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH
 THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF  THE  FACT  THAT  PROCESS
 AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   (d)  The  post office address AND/OR THE EMAIL ADDRESS specified under
 subparagraph (6) of paragraph (a) of this  section  may  be  changed.  A
 certificate,  entitled  "Certificate  of  amendment  of  certificate  of
 surrender of authority of ........ (name of corporation)  under  section
 1310  of  the  Business Corporation Law", shall be signed as provided in
 paragraph (a) of this section and delivered to the department of  state.
 It shall set forth:
   (1) The name of the foreign corporation.
   (2) The jurisdiction of its incorporation.
   (3)  The  date  its certificate of surrender of authority was filed by
 the department of state.
   (4) The changed post office address, within or without this state,  to
 which the secretary of state shall mail a copy of any process against it
 served  upon  him  OR  HER AND/OR THE CHANGED EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   § 14. Section 1311 of the business  corporation  law,  as  amended  by
 chapter 375 of the laws of 1998, is amended to read as follows:
 § 1311. Termination of existence.
   When  an  authorized foreign corporation is dissolved or its authority
 or existence is otherwise terminated or cancelled in the jurisdiction of
 its incorporation or when such foreign corporation  is  merged  into  or
 consolidated  with  another  foreign  corporation,  a certificate of the
 secretary of state, or official performing the equivalent function as to
 corporate records, of the jurisdiction of incorporation of such  foreign
 corporation attesting to the occurrence of any such event or a certified
 copy of an order or decree of a court of such jurisdiction directing the
 dissolution  of  such foreign corporation, the termination of its exist-
 ence or the cancellation of its authority  shall  be  delivered  to  the
 department  of  state.  The  filing  of the certificate, order or decree
 shall have the same effect as the filing of a certificate  of  surrender
 of  authority under section 1310 (Surrender of authority). The secretary
 of state shall continue as agent of the foreign  corporation  upon  whom
 process  against  it  may be served in the manner set forth in paragraph
 (b) of section 306 (Service  of  process),  in  any  action  or  special
 proceeding  based  upon  any  liability  or  obligation  incurred by the
 foreign corporation within this  state  prior  to  the  filing  of  such
 certificate,  order  or decree and he OR SHE shall promptly cause a copy
 of any such process to be mailed by [registered] CERTIFIED mail,  return
 receipt  requested,  to  such  foreign  corporation  at  the post office
 address on file in his OR HER office specified for  such  purpose  OR  A
 NOTICE  OF  THE  FACT  THAT PROCESS AGAINST SUCH FOREIGN CORPORATION HAS
 BEEN SERVED ON HIM OR HER TO BE EMAILED TO THE  FOREIGN  CORPORATION  AT
 THE  EMAIL  ADDRESS  ON  FILE  IN  HIS  OR HER OFFICE SPECIFIED FOR SUCH

 S. 2508--B                         93
 
 PURPOSE.  The post office address AND/OR EMAIL ADDRESS may be changed by
 signing and delivering to the  department  of  state  a  certificate  of
 change  setting  forth  the  statements  required  under  section 1309-A
 (Certificate  of change; contents) to effect a change in the post office
 address AND/OR EMAIL ADDRESS under subparagraph (a) [(4)] (7) OR (10) of
 section 1308 (Amendments or changes).
   § 15. Subdivisions 2 and 3 of section 18 of the  general  associations
 law,  as  amended by chapter 13 of the laws of 1938, are amended to read
 as follows:
   2.  Every association doing business within this state shall  file  in
 the  department of state a certificate in its associate name, signed and
 acknowledged by its president, or a  vice-president,  or  secretary,  or
 treasurer,  or  managing director, or trustee, designating the secretary
 of state as an agent upon whom  process  in  any  action  or  proceeding
 against  the  association  may  be served within this state, and setting
 forth an address to which the secretary of state shall mail  a  copy  of
 any  process against the association which may be served upon him OR HER
 pursuant to law.  THE ASSOCIATION MAY INCLUDE AN EMAIL ADDRESS TO  WHICH
 THE  SECRETARY  OF  STATE  SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS
 AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR  HER.  Annexed  to
 the  certificate  of  designation  shall be a statement, executed in the
 same manner as the certificate is required to  be  executed  under  this
 section, which shall set forth:
   (a)  the names and places of residence of its officers and trustees
   (b)  its principal place of business
   (c)    the  place where its office within this state is located and if
 such place be in a city, the location thereof by street  and  number  or
 other particular description.
   3. Any association, from time to time, may change the address to which
 the secretary of state is directed to mail copies of process OR SPECIFY,
 CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL
 EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE ASSOCIATION HAS BEEN
 ELECTRONICALLY  SERVED  UPON  HIM  OR HER, by filing a statement to that
 effect, executed, signed and acknowledged in like manner  as  a  certif-
 icate of designation as herein provided.
   §  16. Section 19 of the general associations law, as amended by chap-
 ter 166 of the laws of 1991, is amended to read as follows:
   § 19. Service of process. Service of process  against  an  association
 upon  the secretary of state shall be made [by personally] IN THE MANNER
 PROVIDED BY SUBDIVISION ONE OR  TWO  OF  THIS  SECTION.  (1)  PERSONALLY
 delivering to and leaving with him [or a deputy secretary of state or an
 associate attorney, senior attorney or attorney in the corporation divi-
 sion  of  the department of state] OR HER OR WITH A PERSON AUTHORIZED BY
 THE SECRETARY OF STATE TO RECEIVE SUCH SERVICE, duplicate copies of such
 process at the office of the department of state in the city of  Albany.
 At  the  time  of  such  service  the plaintiff shall pay a fee of forty
 dollars to the secretary of state which shall be a taxable disbursement.
 [If the cost of registered mail for transmitting a copy of  the  process
 shall  exceed  two dollars, an additional fee equal to such excess shall
 be paid at the time of the service of such process.]  The  secretary  of
 state shall [forthwith] PROMPTLY send by [registered] CERTIFIED mail one
 of such copies to the association at the address fixed for that purpose,
 as herein provided.  (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS
 TO  THE  DEPARTMENT  OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE
 SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC  SYSTEM  OPERATED
 BY  THE  DEPARTMENT  OF  STATE,  PROVIDED  THE  ASSOCIATION HAS AN EMAIL

 S. 2508--B                         94

 ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO  WHICH  THE  SECRETARY  OF
 STATE  SHALL  EMAIL  A  NOTICE  OF THE FACT THAT PROCESS HAS BEEN SERVED
 ELECTRONICALLY ON THE SECRETARY OF STATE. SERVICE  OF  PROCESS  ON  SUCH
 ASSOCIATION  SHALL  BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED
 AND ACCEPTED SERVICE OF SUCH PROCESS.   THE  SECRETARY  OF  STATE  SHALL
 PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH ASSOCIATION
 HAS  BEEN  SERVED ELECTRONICALLY UPON HIM OR HER, TO SUCH ASSOCIATION AT
 THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR  THE
 PURPOSE  AND  SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH ASSOCI-
 ATION. If the action or proceeding is instituted in a court  of  limited
 jurisdiction,  service  of process may be made in the manner provided in
 this section if the cause of action arose within the territorial  juris-
 diction  of  the  court and the office of the defendant, as set forth in
 its statement filed pursuant to section eighteen  of  this  chapter,  is
 within such territorial jurisdiction.
   §  17.  Paragraph  4  of subdivision (e) of section 203 of the limited
 liability company law, as added by chapter 470 of the laws of  1997,  is
 amended to read as follows:
   (4)  a  designation  of the secretary of state as agent of the limited
 liability company upon whom process against it may  be  served  and  the
 post  office address within or without this state to which the secretary
 of state shall mail a copy of any process against the limited  liability
 company  served  upon  him  or  her.  THE  LIMITED LIABILITY COMPANY MAY
 INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL  EMAIL  A
 NOTICE  OF  THE  FACT  THAT  PROCESS  AGAINST IT HAS BEEN ELECTRONICALLY
 SERVED UPON HIM OR HER;
   § 18. Subdivision (d) of section 211 of the limited liability  company
 law is amended by adding a new paragraph 10 to read as follows:
   (10)  TO  SPECIFY,  CHANGE  OR  DELETE  THE EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE LIMITED LIABILITY COMPANY HAS BEEN ELECTRONICALLY SERVED UPON HIM OR
 HER.
   § 19. Section 211-A of the limited liability company law, as added  by
 chapter 448 of the laws of 1998, is amended to read as follows:
   §  211-A.  Certificate  of change. (a) A limited liability company may
 amend its articles of organization from time to time to (i)  specify  or
 change  the  location  of  the  limited liability company's office; (ii)
 specify or change the post office address  to  which  the  secretary  of
 state  shall  mail  a  copy of any process against the limited liability
 company served upon him OR HER; [and] (iii) SPECIFY,  CHANGE  OR  DELETE
 THE  EMAIL  ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE
 OF THE FACT THAT PROCESS AGAINST THE LIMITED LIABILITY COMPANY HAS  BEEN
 ELECTRONICALLY  SERVED  UPON HIM OR HER; AND (IV) make, revoke or change
 the designation of a registered agent, or specify or change the  address
 of  the  registered  agent.  Any  one or more such changes may be accom-
 plished by filing a  certificate  of  change  which  shall  be  entitled
 "Certificate  of  Change  of ....... (name of limited liability company)
 under section 211-A of the Limited Liability Company Law" and  shall  be
 signed and delivered to the department of state. It shall set forth:
   (1)  the  name  of  the  limited liability company, and if it has been
 changed, the name under which it was formed;
   (2) the date the articles of organization were filed by the department
 of state; and
   (3) each change effected thereby.
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against

 S. 2508--B                         95
 
 a limited liability company served upon him or  HER,  AND/OR  THE  EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT  PROCESS  AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRE-
 TARY  OF STATE AND/OR the address of the registered agent, provided such
 address being changed, AND/OR THE EMAIL ADDRESS  BEING  CHANGED  IS  THE
 EMAIL  ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL
 ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, is the address of
 a person, partnership or corporation whose address,  as  agent,  is  the
 address to be changed or who has been designated as registered agent for
 such  limited  liability  company  may  be  signed  and delivered to the
 department of state by such agent. The certificate of change  shall  set
 forth  the  statements  required  under subdivision (a) of this section;
 that a notice of the proposed change was mailed to the domestic  limited
 liability  company  by  the  party signing the certificate not less than
 thirty days prior to the date of delivery to the department of state and
 that such domestic limited liability company has not  objected  thereto;
 and  that the party signing the certificate is the agent of such limited
 liability company to whose address the secretary of state is required to
 mail copies of process, AND/OR THE AGENT OF THE LIMITED LIABILITY COMPA-
 NY TO WHOSE EMAIL ADDRESS OF THE   SECRETARY OF  STATE  IS  REQUIRED  TO
 EMAIL  A  NOTICE  OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRON-
 ICALLY SERVED UPON THE SECRETARY OF STATE, or the registered  agent,  if
 such be the case. A certificate signed and delivered under this subdivi-
 sion shall not be deemed to effect a change of location of the office of
 the limited liability company in whose behalf such certificate is filed.
   §  20. Subdivision (c) of section 301 of the limited liability company
 law is amended to read as follows:
   (c) Any designated post office address to which the secretary of state
 shall mail a copy of process served upon him or her as agent of a domes-
 tic limited liability company or a  foreign  limited  liability  company
 shall  continue  until  the  filing of a certificate OR OTHER INSTRUMENT
 under this chapter directing the mailing  to  a  different  post  office
 address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE
 SHALL  EMAIL  A  NOTICE OF THE FACT THAT PROCESS HAS BEEN ELECTRONICALLY
 SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC LIMITED LIABILITY  COMPANY
 OR FOREIGN LIMITED LIABILITY COMPANY, SHALL CONTINUE UNTIL THE FILING OF
 A  CERTIFICATE OR OTHER INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELET-
 ING SUCH EMAIL ADDRESS.
   § 21. Subdivision (a) of section 303 of the limited liability  company
 law,  as  relettered  by  chapter 341 of the laws of 1999, is amended to
 read as follows:
   (a) Service of process on the secretary of state as agent of a  domes-
 tic  limited  liability  company or authorized foreign limited liability
 company shall be made [by personally] IN THE MANNER  PROVIDED  BY  PARA-
 GRAPH  ONE OR TWO OF THIS SUBDIVISION.  (1) PERSONALLY delivering to and
 leaving with the secretary of state or his or her deputy,  or  with  any
 person  authorized by the secretary of state to receive such service, at
 the office of the department of state in the city of  Albany,  duplicate
 copies  of such process together with the statutory fee, which fee shall
 be a taxable disbursement. Service of process on such limited  liability
 company  shall be complete when the secretary of state is so served. The
 secretary of state shall promptly send one of such copies  by  certified
 mail, return receipt requested, to such limited liability company at the
 post  office  address  on  file in the department of state specified for
 that purpose. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE
 DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL  BE

 S. 2508--B                         96
 
 A  TAXABLE  DISBURSEMENT,  THROUGH  AN ELECTRONIC SYSTEM OPERATED BY THE
 DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED FOREIGN LIMITED
 LIABILITY COMPANY HAS AN EMAIL ADDRESS ON  FILE  IN  THE  DEPARTMENT  OF
 STATE  TO  WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY  OF  STATE.
 SERVICE  OF  PROCESS ON SUCH LIMITED LIABILITY COMPANY SHALL BE COMPLETE
 WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED  SERVICE  OF  SUCH
 PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT
 THAT  PROCESS  AGAINST  SUCH  LIMITED  LIABILITY COMPANY HAS BEEN SERVED
 ELECTRONICALLY ON HIM OR HER TO SUCH LIMITED LIABILITY  COMPANY  AT  THE
 EMAIL  ADDRESS  ON  FILE  IN  THE DEPARTMENT OF STATE, SPECIFIED FOR THE
 PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO  SUCH  LIMITED
 LIABILITY COMPANY.
   §  22. Subdivision (b) of section 304 of the limited liability company
 law is amended to read as follows:
   (b) Service of such process upon the secretary of state shall be  made
 [by  personally]  IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF THIS
 SUBDIVISION.
   (1) PERSONALLY delivering to and leaving with the secretary  of  state
 or  his or her deputy, or with any person authorized by the secretary of
 state to receive such service, at the office of the department of  state
 in the city of Albany, a copy of such process together with the statuto-
 ry fee, which fee shall be a taxable disbursement.
   (2)  ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT
 OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE  A  TAXABLE
 DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF
 STATE.
   §  23.  Paragraph  4  of subdivision (a) of section 802 of the limited
 liability company law, as amended by chapter 470 of the laws of 1997, is
 amended to read as follows:
   (4) a designation of the secretary of state as  its  agent  upon  whom
 process  against  it may be served and the post office address within or
 without this state to which the secretary of state shall mail a copy  of
 any  process  against  it  served upon him or her. THE LIMITED LIABILITY
 COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH  THE  SECRETARY  OF  STATE
 SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC-
 TRONICALLY SERVED UPON HIM OR HER;
   § 24. Section 804-A of the limited liability company law, as added  by
 chapter 448 of the laws of 1998, is amended to read as follows:
   § 804-A. Certificate of change. (a) A foreign limited liability compa-
 ny  may  amend  its  application  for authority from time to time to (i)
 specify or change  the  location  of  the  limited  liability  company's
 office;  (ii)  specify  or  change  the post office address to which the
 secretary of state shall mail a copy of any process against the  limited
 liability company served upon him OR HER; [and] (iii) SPECIFY, CHANGE OR
 DELETE  THE  EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A
 NOTICE OF THE FACT THAT PROCESS AGAINST THE  LIMITED  LIABILITY  COMPANY
 HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; AND (IV) to make, revoke
 or change the designation of a registered agent, or to specify or change
 the  address  of a registered agent. Any one or more such changes may be
 accomplished by filing a certificate of change which shall  be  entitled
 "Certificate  of  Change of ........ (name of limited liability company)
 under section 804-A of the Limited Liability Company Law" and  shall  be
 signed and delivered to the department of state. It shall set forth:

 S. 2508--B                         97
 
   (1) the name of the foreign limited liability company and, if applica-
 ble, the fictitious name the limited liability company has agreed to use
 in this state pursuant to section eight hundred two of this article;
   (2) the date its application for authority was filed by the department
 of state; and
   (3) each change effected thereby,
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 a  foreign  limited liability company served upon him or HER, AND/OR THE
 EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL  A  NOTICE  OF
 THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE
 SECRETARY OF STATE, AND/OR the address of the registered agent, provided
 such  address  being  changed is the address of a person, partnership or
 corporation whose address, as agent,  is  the  address  to  be  changed,
 AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON,
 PARTNERSHIP  OR  OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE
 EMAIL ADDRESS TO BE CHANGED, or who has been  designated  as  registered
 agent  for such limited liability company may be signed and delivered to
 the department of state by such agent. The certificate of  change  shall
 set forth the statements required under subdivision (a) of this section;
 that  a  notice of the proposed change was mailed to the foreign limited
 liability company by the party signing the  certificate  not  less  than
 thirty days prior to the date of delivery to the department of state and
 that  such  foreign  limited liability company has not objected thereto;
 and that the party signing the certificate is the agent of such  foreign
 limited  liability  company  to  whose address the secretary of state is
 required to mail copies of process, AND/OR THE  AGENT  OF  SUCH  FOREIGN
 LIMITED  LIABILITY COMPANY TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE
 IS REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS  AGAINST  IT  HAS
 BEEN  ELECTRONICALLY  SERVED  UPON THE SECRETARY OF STATE, or the regis-
 tered agent, if such be the case. A  certificate  signed  and  delivered
 under  this  subdivision  shall  not  be  deemed  to  effect a change of
 location of the office of the foreign limited liability company in whose
 behalf such certificate is filed.
   § 25. Paragraph 6 of subdivision (b) of section  806  of  the  limited
 liability company law is amended to read as follows:
   (6)  a  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process  against  it  served
 upon  him  or  her.   THE LIMITED LIABILITY COMPANY MAY INCLUDE AN EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   § 26. Section 807 of the limited liability company law is  amended  to
 read as follows:
   §  807.  Termination  of  existence.  When a foreign limited liability
 company that has received a certificate of authority is dissolved or its
 authority to conduct its business or existence is  otherwise  terminated
 or  canceled  in  the jurisdiction of its formation or when such foreign
 limited liability company is merged into or  consolidated  with  another
 foreign limited liability company, (a) a certificate of the secretary of
 state  or  official  performing  the  equivalent  function as to limited
 liability company records in the jurisdiction of  organization  of  such
 limited  liability company attesting to the occurrence of any such event
 or (b) a certified copy of an order or decree of a court of such  juris-
 diction  directing  the  dissolution  of  such foreign limited liability
 company, the termination of  its  existence  or  the  surrender  of  its
 authority  shall  be delivered to the department of state. The filing of

 S. 2508--B                         98
 
 the certificate, order or decree shall  have  the  same  effect  as  the
 filing  of  a  certificate of surrender of authority under section eight
 hundred six of this article. The secretary of state  shall  continue  as
 agent of the foreign limited liability company upon whom process against
 it  may be served in the manner set forth in article three of this chap-
 ter, in any action or proceeding based upon any liability or  obligation
 incurred  by  the  foreign  limited  liability company within this state
 prior to the filing of such  certificate,  order  or  decree.  The  post
 office  address  AND/OR  EMAIL ADDRESS may be changed by filing with the
 department of state a  certificate  of  amendment  under  section  eight
 hundred four of this article.
   §  27.  Paragraph 11 of subdivision (a) of section 1003 of the limited
 liability company law, as amended by chapter 374 of the laws of 1998, is
 amended to read as follows:
   (11) a designation of the secretary of state as its  agent  upon  whom
 process  against  it  may  be  served in the manner set forth in article
 three of this chapter in any action or special proceeding,  and  a  post
 office  address, within or without this state, to which the secretary of
 state shall mail a copy of any process served upon  him  or  her.    THE
 LIMITED  LIABILITY  COMPANY  MAY  INCLUDE  AN EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 IT HAS BEEN ELECTRONICALLY SERVED UPON HIM  OR  HER.  Such  post  office
 address OR EMAIL ADDRESS shall supersede any prior address designated as
 the address to which process shall be mailed OR A NOTICE EMAILED;
   §  28.  Paragraph  6 of subdivision (a) of section 1306 of the limited
 liability company law is amended to read as follows:
   (6) a designation of the secretary of state as  its  agent  upon  whom
 process  against  it may be served and the post office address within or
 without this state to which the secretary of state shall mail a copy  of
 any  process  against  it  served upon him or her. THE LIMITED LIABILITY
 COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH  THE  SECRETARY  OF  STATE
 SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC-
 TRONICALLY SERVED UPON HIM OR HER; and
   § 29. Paragraph (d) of section 304 of the  not-for-profit  corporation
 law,  as  amended by chapter 358 of the laws of 2015, is amended to read
 as follows:
   (d) Any designated post-office address to which the secretary of state
 shall mail a copy of process served upon him or her as agent of a domes-
 tic corporation formed under article four of  this  chapter  or  foreign
 corporation,  shall  continue until the filing of a certificate OR OTHER
 INSTRUMENT under this chapter directing the mailing to a different post-
 office address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH  THE  SECRETARY
 OF  STATE  SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN ELEC-
 TRONICALLY SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC CORPORATION  OR
 FOREIGN CORPORATION, SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR
 OTHER  INSTRUMENT  UNDER  THIS  CHAPTER  CHANGING  OR DELETING THE EMAIL
 ADDRESS.
   § 30. Paragraph (b) of section 306 of the  not-for-profit  corporation
 law, as amended by chapter 23 of the laws of 2014, is amended to read as
 follows:
   (b)  Service of process on the secretary of state as agent of a domes-
 tic corporation formed under article four of this chapter or an  author-
 ized  foreign  corporation  shall  be made [by personally] IN THE MANNER
 PROVIDED BY SUBPARAGRAPH ONE OR TWO OF THIS  PARAGRAPH.  (1)  PERSONALLY
 delivering  to  and  leaving  with  the secretary of state or his or her
 deputy, or with any person authorized  by  the  secretary  of  state  to

 S. 2508--B                         99
 
 receive  such  service,  at the office of the department of state in the
 city of Albany, duplicate copies of such process together with the stat-
 utory fee, which fee shall be a taxable disbursement. Service of process
 on  such corporation shall be complete when the secretary of state is so
 served.  The secretary of state shall promptly send one of  such  copies
 by certified mail, return receipt requested, to such corporation, at the
 post  office  address, on file in the department of state, specified for
 the purpose. If a domestic corporation formed under article four of this
 chapter or an authorized foreign corporation has no such address on file
 in the department of state, the secretary of state shall  so  mail  such
 copy  to such corporation at the address of its office within this state
 on file in the department.  (2) ELECTRONICALLY SUBMITTING A COPY OF  THE
 PROCESS  TO  THE  DEPARTMENT  OF  STATE TOGETHER WITH THE STATUTORY FEE,
 WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC  SYSTEM
 OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED
 FOREIGN  CORPORATION  HAS  AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF
 STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF  THE  FACT
 THAT  PROCESS  HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE.
 SERVICE OF PROCESS ON SUCH CORPORATION SHALL BE COMPLETE WHEN THE SECRE-
 TARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE  OF  SUCH  PROCESS.  THE
 SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS
 AGAINST SUCH CORPORATION HAS BEEN SERVED ELECTRONICALLY ON HIM OR HER TO
 SUCH  CORPORATION  AT  THE  EMAIL  ADDRESS  ON FILE IN THE DEPARTMENT OF
 STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY  OF  THE  PROCESS
 AVAILABLE TO SUCH CORPORATION.
   §  31.  Paragraph (b) of section 307 of the not-for-profit corporation
 law is amended to read as follows:
   (b) (1) Service of such process upon the secretary of state  shall  be
 made [by personally] IN THE MANNER PROVIDED BY ITEMS (I) OR (II) OF THIS
 SUBPARAGRAPH.  (I)  PERSONALLY delivering to and leaving with him or his
 deputy, or with any person authorized  by  the  secretary  of  state  to
 receive  such  service,  at the office of the department of state in the
 city of Albany, a copy of such process together with the statutory  fee,
 which fee shall be a taxable disbursement. [Such service] (II) ELECTRON-
 ICALLY  SUBMITTING  A  COPY  OF  THE  PROCESS TO THE DEPARTMENT OF STATE
 TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE  DISBURSE-
 MENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE.
   (2) SERVICE UNDER THIS PARAGRAPH shall be sufficient if notice thereof
 and a copy of the process are:
   [(1)]  (I)  Delivered  personally  without  this state to such foreign
 corporation by a person and in the manner authorized to serve process by
 law of the jurisdiction in which service is made, or
   [(2)] (II) Sent by or on behalf  of  the  plaintiff  to  such  foreign
 corporation  by  registered  mail  with return receipt requested, at the
 post office address specified for the purpose  of  mailing  process,  on
 file in the department of state, or with any official or body performing
 the equivalent function, in the jurisdiction of its incorporation, or if
 no  such  address  is there specified, to its registered or other office
 there specified, or if no such office is there specified,  to  the  last
 address of such foreign corporation known to the plaintiff.
   §  32.  Subparagraph 6 of paragraph (a) of section 402 of the not-for-
 profit corporation law, as added by chapter 564 of the laws of 1981  and
 as  renumbered by chapter 132 of the laws of 1985, is amended to read as
 follows:
   (6) A designation of the secretary of state as  agent  of  the  corpo-
 ration  upon  whom  process against it may be served and the post office

 S. 2508--B                         100
 
 address within or without this state to which  the  secretary  of  state
 shall  mail a copy of any process against it served upon him OR HER. THE
 CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE
 SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC-
 TRONICALLY SERVED UPON HIM OR HER.
   § 33. Paragraph (b) of section 801 of the  not-for-profit  corporation
 law is amended by adding a new paragraph 10 to read as follows:
   (10)  TO  SPECIFY,  CHANGE  OR  DELETE  THE EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE THAT PROCESS AGAINST THE  CORPO-
 RATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  34.  Paragraph (c) of section 802 of the not-for-profit corporation
 law is amended by adding a new paragraph 4 to read as follows:
   (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE-
 TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST  THE
 CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  35.  Subparagraph 6 of paragraph (a) of section 803 of the not-for-
 profit corporation law, as amended by chapter 23 of the laws of 2014, is
 amended to read as follows:
   (6) A designation of the secretary of state as  agent  of  the  corpo-
 ration  upon  whom  process against it may be served and the post office
 address within or without this state to which  the  secretary  of  state
 shall  mail  a copy of any process against it served upon the secretary.
 THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE  SECRETARY  OF
 STATE  SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN
 ELECTRONICALLY SERVED UPON HIM OR HER.
   § 36. Paragraph (b) of section 803-A of the not-for-profit corporation
 law, as amended by chapter 172 of the laws of 1999, is amended  to  read
 as follows:
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 the  corporation  served  upon  him  or HER, AND/OR THE EMAIL ADDRESS TO
 WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC-
 ESS AGAINST IT HAS BEEN ELECTRONICALLY  SERVED  UPON  THE  SECRETARY  OF
 STATE, AND/OR the address of the registered agent, provided such address
 being  changed  is  the address of a person, partnership or other corpo-
 ration whose address, as agent, is  the  address  to  be  changed  [or],
 AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON,
 PARTNERSHIP  OR OTHER CORPORATION, WHOSE EMAIL ADDRESS, AS AGENT, IS THE
 EMAIL ADDRESS TO BE CHANGED, AND/OR who has been  designated  as  regis-
 tered  agent  for  such  corporation, may be signed and delivered to the
 department of state by such agent. The certificate of change  shall  set
 forth  the  statements  required under subparagraphs (1), (2) and (3) of
 paragraph (a) of this section; that a notice of the proposed change  was
 mailed  to the corporation by the party signing the certificate not less
 than thirty days prior to the date of delivery  to  the  department  and
 that such corporation has not objected thereto; and that the party sign-
 ing  the  certificate  is the agent of such corporation to whose address
 the secretary of state is required to mail copies of any process against
 the corporation served upon him or HER, AND/OR THE AGENT OF  THE  CORPO-
 RATION  TO WHOSE THE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO
 EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN
 ELECTRONICALLY SERVED UPON HIM OR HER, AND/OR the registered  agent,  if
 such  be  the  case. A certificate signed and delivered under this para-
 graph shall not be deemed to effect a change of location of  the  office
 of the corporation in whose behalf such certificate is filed.

 S. 2508--B                         101
 
   §  37. Paragraph (c) of section 1310 of the not-for-profit corporation
 law, as amended by chapter 172 of the laws of 1999, is amended and a new
 subparagraph 4 is added to paragraph (a) to read as follows:
   (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE-
 TARY  OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE
 CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   (c) A certificate of change of application for authority which changes
 only the post office address to which the secretary of state shall  mail
 a  copy  of any process against an authorized foreign corporation served
 upon him or HER, THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL
 EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT  HAS  BEEN  ELECTRON-
 ICALLY  SERVED  UPON  THE  SECRETARY  OF  STATE AND/OR which changes the
 address of its registered agent, provided such address is the address of
 a person, partnership or other corporation whose address, as  agent,  is
 the address to be changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE
 EMAIL  ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL
 ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, or who  has  been
 designated  as registered agent for such authorized foreign corporation,
 may be signed and delivered to the department of state  by  such  agent.
 The  certificate  of change of application for authority shall set forth
 the statements required under subparagraphs (1), (2),  (3)  and  (4)  of
 paragraph  (b) of this section; that a notice of the proposed change was
 mailed by the party signing the certificate to  the  authorized  foreign
 corporation  not  less than thirty days prior to the date of delivery to
 the department and that such corporation has not objected  thereto;  and
 that  the  party  signing  the  certificate is the agent of such foreign
 corporation to whose address the secretary of state is required to  mail
 copies  of process [or], AND/OR THE AGENT OF SUCH FOREIGN CORPORATION TO
 WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO EMAIL A NOTICE
 OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED  UPON
 THE  SECRETARY  OF  STATE,  AND/OR  the registered agent, if such be the
 case. A certificate signed and delivered under this paragraph shall  not
 be  deemed  to  effect  a change of location of the office of the corpo-
 ration in whose behalf such certificate is filed.
   § 38. Subparagraph 6 of paragraph (a) of section 1311 of the  not-for-
 profit corporation law is amended to read as follows:
   (6)  A  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process  against  it  served
 upon  him  OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH
 THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF  THE  FACT  THAT  PROCESS
 AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  39.  Section 1312 of the not-for-profit corporation law, as amended
 by chapter 375 of the laws of 1998, is amended to read as follows:
 § 1312. Termination of existence.
   When an authorized foreign corporation is dissolved or  its  authority
 or existence is otherwise terminated or cancelled in the jurisdiction of
 its  incorporation  or  when  such foreign corporation is merged into or
 consolidated with another foreign  corporation,  a  certificate  of  the
 secretary of state, or official performing the equivalent function as to
 corporate  records, of the jurisdiction of incorporation of such foreign
 corporation attesting to the occurrence of any such event or a certified
 copy of an order or decree of a court of such jurisdiction directing the
 dissolution of such foreign corporation, the termination of  its  exist-
 ence  or  the  cancellation  of  its authority shall be delivered to the
 department of state.  The filing of the  certificate,  order  or  decree
 shall  have  the same effect as the filing of a certificate of surrender

 S. 2508--B                         102
 
 of authority under section 1311 (Surrender of authority).  The secretary
 of state shall continue as agent of the foreign  corporation  upon  whom
 process  against  it  may be served in the manner set forth in paragraph
 (b)  of  section  306  (Service  of  process),  in any action or special
 proceeding based upon  any  liability  or  obligation  incurred  by  the
 foreign  corporation  within  this  state  prior  to  the filing of such
 certificate, order or decree and he shall promptly cause a copy  of  any
 such process to be mailed by [registered] CERTIFIED mail, return receipt
 requested,  to  such  foreign  corporation at the post office address on
 file in his OR HER office specified for such purpose OR A NOTICE OF  THE
 FACT  THAT PROCESS AGAINST THE CORPORATION HAS BEEN SERVED ON HIM OR HER
 TO BE EMAILED TO THE FOREIGN CORPORATION AT THE EMAIL ADDRESS ON FILE IN
 HIS OR HER OFFICE SPECIFIED FOR SUCH PURPOSE.  The post  office  address
 AND/OR  EMAIL  ADDRESS  may  be changed by signing and delivering to the
 department of state a certificate of change setting forth the statements
 required under section 1310  (Certificate  of  change[,];  contents)  to
 effect  a  change  in the post office address AND/OR EMAIL ADDRESS under
 subparagraph (a) [(4)] (7) of section 1308 (Amendments or changes).
   § 40. Subdivision (c) of section 121-104 of the  partnership  law,  as
 added by chapter 950 of the laws of 1990, is amended to read as follows:
   (c) Any designated post office address to which the secretary of state
 shall  mail  a  copy  of  process served upon him as agent of a domestic
 limited partnership or foreign limited partnership shall continue  until
 the  filing  of  a  certificate  OR  OTHER INSTRUMENT under this article
 directing the mailing to a different post office address AND ANY  DESIG-
 NATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE
 OF  THE  FACT  THAT PROCESS AGAINST SUCH DOMESTIC LIMITED PARTNERSHIP OR
 FOREIGN LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON  HIM  OR
 HER  AS AGENT OF A DOMESTIC LIMITED PARTNERSHIP OR FOREIGN LIMITED PART-
 NERSHIP, SHALL CONTINUE UNTIL THE  FILING  OF  A  CERTIFICATE  OR  OTHER
 INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELETING THE EMAIL ADDRESS.
   §  41. Subdivision (a) and the opening paragraph of subdivision (b) of
 section 121-109 of the partnership law, as added by chapter 950  of  the
 laws  of  1990 and as relettered by chapter 341 of the laws of 1999, are
 amended to read as follows:
   (a) Service of process on the secretary of state as agent of a  domes-
 tic or authorized foreign limited partnership shall be made [as follows]
 IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF THIS SUBDIVISION:
   (1)  By personally delivering to and leaving with him OR HER or his OR
 HER deputy, or with any person authorized by the secretary of  state  to
 receive  such  service,  at the office of the department of state in the
 city of Albany, duplicate copies of such process together with the stat-
 utory fee, which fee shall be a taxable disbursement.
   [(2)] The service on the limited  partnership  is  complete  when  the
 secretary of state is so served.
   [(3)] The secretary of state shall promptly send one of such copies by
 certified mail, return receipt requested, addressed to the limited part-
 nership  at the post office address, on file in the department of state,
 specified for that purpose.
   (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE  DEPARTMENT
 OF  STATE  TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE
 DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF
 STATE, PROVIDED THE DOMESTIC OR AUTHORIZED FOREIGN  LIMITED  PARTNERSHIP
 HAS  AN  EMAIL  ADDRESS  ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE  FACT  THAT  PROCESS  HAS
 BEEN  SERVED  ELECTRONICALLY  ON THE SECRETARY OF STATE AS AGENT OF SUCH

 S. 2508--B                         103
 
 DOMESTIC OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP. SERVICE  OF  PROCESS
 ON  SUCH  LIMITED  PARTNERSHIP OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP
 SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND  ACCEPTED
 SERVICE  OF  SUCH  PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A
 NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED TO SUCH LIMITED PARTNER-
 SHIP AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE,  SPECIFIED
 FOR  THE  PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH
 LIMITED PARTNERSHIP OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP.
   In any case in  which  a  non-domiciliary  would  be  subject  to  the
 personal or other jurisdiction of the courts of this state under article
 three of the civil practice law and rules, a foreign limited partnership
 not  authorized to do business in this state is subject to a like juris-
 diction. In any such case, process against such foreign limited partner-
 ship may be served upon the secretary of state as its agent. Such  proc-
 ess  may  issue  in  any  court in this state having jurisdiction of the
 subject matter.  Service of process upon the secretary of state shall be
 made [by personally] IN THE MANNER PROVIDED BY PARAGRAPH ONE OR  TWO  OF
 THIS  SUBDIVISION.  (1) PERSONALLY delivering to and leaving with him or
 his deputy, or with any person authorized by the secretary of  state  to
 receive  such  service,  at the office of the department of state in the
 city of Albany, a copy of such process together with the statutory  fee,
 which  fee  shall be a taxable disbursement.  (2) ELECTRONICALLY SUBMIT-
 TING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH  THE
 STATUTORY  FEE,  WHICH  FEE  SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN
 ELECTRONIC SYSTEM OPERATED BY THE  DEPARTMENT  OF  STATE.  Such  service
 shall be sufficient if notice thereof and a copy of the process are:
   §  42.  Paragraph 3 of subdivision (a) of section 121-201 of the part-
 nership law, as amended by chapter 264 of the laws of 1991,  is  amended
 to read as follows:
   (3)  a  designation  of the secretary of state as agent of the limited
 partnership upon whom process against it may  be  served  and  the  post
 office  address  within  or without this state to which the secretary of
 state shall mail a copy of any process against it  served  upon  him  OR
 HER.  THE  LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
   § 43. Paragraph 4 of subdivision (b) of section 121-202 of  the  part-
 nership  law,  as amended by chapter 576 of the laws of 1994, is amended
 to read as follows:
   (4) a change in the name of the limited partnership, or  a  change  in
 the  post  office  address  to which the secretary of state shall mail a
 copy of any process against the limited partnership  served  on  him  OR
 HER, A CHANGE IN THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL
 EMAIL  A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED PARTNERSHIP
 HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER, or a change in the  name
 or  address  of  the registered agent, if such change is made other than
 pursuant to section 121-104 or 121-105 of this article.
   § 44. The opening paragraph of subdivision (a) and subdivision (b)  of
 section 121-202-A of the partnership law, as added by chapter 448 of the
 laws of 1998, are amended to read as follows:
   A certificate of limited partnership may be changed by filing with the
 department  of  state  a  certificate of change entitled "Certificate of
 Change of ..... (name of limited partnership) under Section 121-202-A of
 the Revised Limited Partnership Act" and shall be signed  and  delivered
 to  the  department of state. A certificate of change may (i) specify or
 change the location of the limited partnership's office; (ii) specify or

 S. 2508--B                         104
 
 change the post office address to which the  secretary  of  state  shall
 mail  a copy of process against the limited partnership served upon him;
 [and] (iii) SPECIFY, CHANGE OR DELETE THE EMAIL  ADDRESS  TO  WHICH  THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE  LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
 AND (IV) make, revoke or change the designation of a  registered  agent,
 or  to  specify  or change the address of its registered agent. It shall
 set forth:
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 a limited partnership served upon him or   HER,  THE  EMAIL  ADDRESS  TO
 WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC-
 ESS  AGAINST  IT  HAS  BEEN  ELECTRONICALLY SERVED UPON THE SECRETARY OF
 STATE, AND/OR the address of the registered agent, provided such address
 being changed is the address of a  person,  partnership  or  corporation
 whose  address, as agent, is the address to be changed, AND/OR THE EMAIL
 ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON,  PARTNERSHIP  OR
 OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO
 BE  CHANGED,  or  who  has  been designated as registered agent for such
 limited partnership shall be signed and delivered to the  department  of
 state  by  such  agent.  The  certificate  of change shall set forth the
 statements required under subdivision (a) of this section; that a notice
 of the proposed change was mailed to the domestic limited partnership by
 the party signing the certificate not less than thirty days prior to the
 date of delivery to the department  of  state  and  that  such  domestic
 limited partnership has not objected thereto; and that the party signing
 the  certificate  is  the  agent  of  such  limited partnership to whose
 address the secretary of state is required to  mail  copies  of  process
 [or],  AND/OR THE AGENT TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS
 REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS  BEEN
 ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered
 agent,  if  such  be  the case. A certificate signed and delivered under
 this subdivision shall not be deemed to effect a change of  location  of
 the  office  of the limited partnership in whose behalf such certificate
 is filed.
   § 45. Paragraph 4 of subdivision (a) of section 121-902 of  the  part-
 nership  law,  as amended by chapter 172 of the laws of 1999, is amended
 to read as follows:
   (4) a designation of the secretary of state as  its  agent  upon  whom
 process  against  it may be served and the post office address within or
 without this state to which the secretary of state shall mail a copy  of
 any  process against it served upon him  OR HER. THE LIMITED PARTNERSHIP
 MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL
 A NOTICE OF THE FACT THAT PROCESS AGAINST  IT  HAS  BEEN  ELECTRONICALLY
 SERVED UPON HIM OR HER;
   §  46. The opening paragraph of subdivision (a) and subdivision (b) of
 section 121-903-A of the partnership law, as added by chapter 448 of the
 laws of 1998, are amended to read as follows:
   A foreign limited partnership may change its application for authority
 by filing with the department of state a certificate of change  entitled
 "Certificate  of  Change of ........ (name of limited partnership) under
 Section 121-903-A of the Revised Limited Partnership Act" and  shall  be
 signed and delivered to the department of state. A certificate of change
 may  (i)  change  the location of the limited partnership's office; (ii)
 change the post office address to which the  secretary  of  state  shall
 mail  a copy of process against the limited partnership served upon him;

 S. 2508--B                         105
 
 [and] (iii)  SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS  TO  WHICH  THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE  LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
 AND  (IV)  make, revoke or change the designation of a registered agent,
 or to specify or change the address of its registered  agent.  It  shall
 set forth:
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 a  foreign  limited partnership served upon him or HER, AND/OR THE EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON  THE  SECRE-
 TARY OF STATE, AND/OR the address of the registered agent, provided such
 address  being changed is the address of a person, partnership or corpo-
 ration whose address, as agent, is the address to be changed, AND/OR THE
 EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A  PERSON,  PARTNER-
 SHIP  OR  OTHER  CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL
 ADDRESS TO BE CHANGED, or who has been designated  as  registered  agent
 for  such  foreign  limited partnership shall be signed and delivered to
 the department of state by such agent. The certificate of  change  shall
 set forth the statements required under subdivision (a) of this section;
 that  a  notice of the proposed change was mailed to the foreign limited
 partnership by the party signing the certificate not  less  than  thirty
 days  prior  to the date of delivery to the department of state and that
 such foreign limited partnership has not objected thereto; and that  the
 party signing the certificate is the agent of such foreign limited part-
 nership  to  whose  address  the  secretary of state is required to mail
 copies of process [or], THE EMAIL ADDRESS OF THE PARTY  TO  WHOSE  EMAIL
 ADDRESS  THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON  THE  SECRE-
 TARY  OF  STATE  AND/OR  the  registered  agent,  if such be the case. A
 certificate signed and delivered under this  subdivision  shall  not  be
 deemed to effect a change of location of the office of the limited part-
 nership in whose behalf such certificate is filed.
   §  47.  Paragraph 6 of subdivision (b) of section 121-905 of the part-
 nership law, as added by chapter 950 of the laws of 1990, is amended  to
 read as follows:
   (6)  a  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process  against  it  served
 upon him OR HER. THE LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO
 WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC-
 ESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  48.  Section  121-906 of the partnership law, as amended by chapter
 172 of the laws of 1999, is amended to read as follows:
   § 121-906. Termination of existence. When a foreign  limited  partner-
 ship  which  has received a certificate of authority is dissolved or its
 authority to conduct its business or existence is  otherwise  terminated
 or  cancelled  in  the  jurisdiction  of  its  organization or when such
 foreign limited partnership is merged into or consolidated with  another
 foreign  limited  partnership,  (i)  a  certificate  of the secretary of
 state, or official performing the  equivalent  function  as  to  limited
 partnership records, in the jurisdiction of organization of such limited
 partnership  attesting  to  the  occurrence of any such event, or (ii) a
 certified copy of an order or decree of a  court  of  such  jurisdiction
 directing  the  dissolution  of  such  foreign  limited partnership, the
 termination of its existence or the surrender of its authority, shall be
 delivered to the department of state. The  filing  of  the  certificate,

 S. 2508--B                         106
 
 order  or  decree  shall have the same effect as the filing of a certif-
 icate of surrender of authority under section 121-905 of  this  article.
 The  secretary  of  state shall continue as agent of the foreign limited
 partnership upon whom process against it may be served in the manner set
 forth  in  section  121-109 of this article, in any action or proceeding
 based upon any liability or obligation incurred by the  foreign  limited
 partnership  within  this state prior to the filing of such certificate,
 order or decree. The post office address AND/OR  EMAIL  ADDRESS  may  be
 changed  by  filing with the department of state a certificate of amend-
 ment under section 121-903 or a  certificate  of  change  under  section
 121-903-A of this article.
   §  49. Paragraph 7 of subdivision (a) of section 121-1103 of the part-
 nership law, as added by chapter 950 of the laws of 1990, is amended  to
 read as follows:
   (7)  A  designation  of  the secretary of state as its agent upon whom
 process against it may be served in the  manner  set  forth  in  section
 121-109  of this article in any action or special proceeding, and a post
 office address, within or without this state, to which the secretary  of
 state  shall  mail  a  copy  of  any process served upon him OR HER. THE
 LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE  SECRETARY
 OF  STATE  SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS
 BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Such post office address  OR
 EMAIL  ADDRESS  shall  supersede  any  prior  address  designated as the
 address to which process shall be mailed OR A NOTICE EMAILED.
   § 50. Subparagraph 4 of paragraph (I) of subdivision (a) and  subdivi-
 sion  (j-1) of section 121-1500 of the partnership law, paragraph (I) of
 subdivision (a) as amended by chapter 643 of the laws  of  1995  and  as
 redesignated by chapter 767 of the laws of 2005 and subdivision (j-1) as
 added  by  chapter  448  of  the  laws  of  1998, are amended to read as
 follows:
   (4) a designation of the secretary of state as agent of  the  partner-
 ship without limited partners upon whom process against it may be served
 and  the  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process against it or served
 upon it. THE PARTNERSHIP WITHOUT LIMITED PARTNERS MAY INCLUDE  AN  EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
   (j-1)  A  certificate  of  change  which  changes only the post office
 address to which the secretary of state shall mail a copy of any process
 against a registered limited liability partnership served  upon  him  or
 HER,  AND/OR  THE  EMAIL  ADDRESS  TO WHICH THE SECRETARY OF STATE SHALL
 EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT  HAS  BEEN  ELECTRON-
 ICALLY  SERVED  UPON  THE  SECRETARY OF STATE, AND/OR the address of the
 registered agent, provided such address being changed is the address  of
 a  person,  partnership  or  corporation whose address, as agent, is the
 address to be changed [or], AND/OR THE EMAIL ADDRESS  BEING  CHANGED  IS
 THE  EMAIL  ADDRESS  OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE
 EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, AND/OR  who
 has  been  designated  as  registered  agent for such registered limited
 liability partnership shall be signed and delivered to the department of
 state by such agent. The certificate of change shall set forth: (i)  the
 name of the registered limited liability partnership and, if it has been
 changed,  the  name under which it was originally filed with the depart-
 ment of state; (ii) the date of filing of its  initial  registration  or
 notice statement; (iii) each change effected thereby; (iv) that a notice
 of  the  proposed change was mailed to the limited liability partnership

 S. 2508--B                         107
 
 by the party signing the certificate not less than thirty days prior  to
 the  date  of  delivery to the department of state and that such limited
 liability partnership has not objected thereto; and (v) that  the  party
 signing  the certificate is the agent of such limited liability partner-
 ship to whose address the secretary of state is required to mail  copies
 of process [or], AND/OR TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS
 REQUIRED  TO  MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN
 ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered
 agent, if such be the case. A certificate  signed  and  delivered  under
 this  subdivision  shall not be deemed to effect a change of location of
 the office of the limited liability partnership  in  whose  behalf  such
 certificate  is filed. The certificate of change shall be accompanied by
 a fee of five dollars.
   § 51. Paragraph (v)  of  subdivision  (a)  and  subdivision  (i-1)  of
 section  121-1502  of  the partnership law, paragraph (v) of subdivision
 (a) as amended by chapter 470 of the laws of 1997 and subdivision  (i-1)
 as  added  by  chapter  448  of the laws of 1998, are amended to read as
 follows:
   (v) a designation of the secretary of state as agent  of  the  foreign
 limited liability partnership upon whom process against it may be served
 and  the  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process against it or served
 upon it. THE FOREIGN LIMITED LIABILITY PARTNERSHIP MAY INCLUDE AN  EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
   (i-1)  A  certificate  of  change  which  changes only the post office
 address to which the secretary of state shall mail a copy of any process
 against a New York  registered  foreign  limited  liability  partnership
 served  upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY
 OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS  AGAINST  IT  HAS
 BEEN  ELECTRONICALLY  SERVED  UPON  THE  SECRETARY  OF STATE, AND/OR the
 address of the registered agent, provided such address being changed  is
 the  address  of  a person, partnership or corporation whose address, as
 agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING
 CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP  OR  OTHER  CORPO-
 RATION  WHOSE  EMAIL  ADDRESS,  AS  AGENT,  IS  THE  EMAIL ADDRESS TO BE
 CHANGED, AND/OR who has been designated  as  registered  agent  of  such
 registered  foreign  limited  liability  partnership shall be signed and
 delivered to the department of state by such agent. The  certificate  of
 change  shall set forth: (i) the name of the New York registered foreign
 limited liability partnership; (ii) the date of filing  of  its  initial
 registration  or  notice  statement; (iii) each change effected thereby;
 (iv) that a notice of the proposed change  was  mailed  to  the  limited
 liability partnership by the party signing the certificate not less than
 thirty days prior to the date of delivery to the department of state and
 that  such  limited  liability partnership has not objected thereto; and
 (v) that the party signing the certificate is the agent of such  limited
 liability  partnership  to  whose  address  the  secretary  of  state is
 required to mail copies of process [or], AND/OR TO WHOSE  EMAIL  ADDRESS
 THE  SECRETARY  OF  STATE  IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT
 PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY  OF
 STATE,  AND/OR  the registered agent, if such be the case. A certificate
 signed and delivered under this  subdivision  shall  not  be  deemed  to
 effect a change of location of the office of the limited liability part-
 nership  in  whose  behalf such certificate is filed. The certificate of
 change shall be accompanied by a fee of five dollars.

 S. 2508--B                         108
 
   § 52. Subdivision (a) of section 121-1505 of the partnership  law,  as
 added by chapter 470 of the laws of 1997, is amended to read as follows:
   (a)  Service of process on the secretary of state as agent of a regis-
 tered limited liability  partnership  OR  NEW  YORK  REGISTERED  FOREIGN
 LIMITED  LIABILITY  PARTNERSHIP  under  this  article  shall be made [by
 personally] IN THE MANNER PROVIDED BY  PARAGRAPH  ONE  OR  TWO  OF  THIS
 SUBDIVISION. (1) PERSONALLY delivering to and leaving with the secretary
 of  state or a deputy, or with any person authorized by the secretary of
 state to receive such service, at the office of the department of  state
 in  the  city  of Albany, duplicate copies of such process together with
 the statutory fee, which fee shall be a taxable disbursement. Service of
 process on  such  registered  limited  liability  partnership  shall  be
 complete  when  the  secretary  of  state is so served. The secretary of
 state shall promptly send one of such copies by certified  mail,  return
 receipt  requested, to such registered limited liability partnership, at
 the post office address on file in the department of state specified for
 such purpose. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE
 DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL  BE
 A  TAXABLE  DISBURSEMENT,  THROUGH  AN ELECTRONIC SYSTEM OPERATED BY THE
 DEPARTMENT OF STATE, PROVIDED THE REGISTERED LIMITED LIABILITY  PARTNER-
 SHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP HAS AN
 EMAIL  ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY
 OF STATE SHALL EMAIL A NOTICE OF THE  FACT  THAT  PROCESS  AGAINST  SUCH
 REGISTERED  LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN
 LIMITED LIABILITY PARTNERSHIP SERVED HAS BEEN ELECTRONICALLY  SERVED  ON
 THE  SECRETARY  OF  STATE. SERVICE OF PROCESS ON SUCH REGISTERED LIMITED
 LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN  LIMITED  LIABILITY
 PARTNERSHIP  SHALL  BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED
 AND ACCEPTED SERVICE OF SUCH  PROCESS.  THE  SECRETARY  OF  STATE  SHALL
 PROMPTLY  SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH REGISTERED
 LIMITED LIABILITY PARTNERSHIP OR NEW  YORK  REGISTERED  FOREIGN  LIMITED
 LIABILITY PARTNERSHIP HAS BEEN SERVED ELECTRONICALLY UPON HIM OR HER, TO
 SUCH  REGISTERED  LIMITED  LIABILITY  PARTNERSHIP OR NEW YORK REGISTERED
 FOREIGN LIMITED LIABILITY PARTNERSHIP AT THE EMAIL ADDRESS  ON  FILE  IN
 THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY
 OF  THE  PROCESS AVAILABLE TO SUCH REGISTERED LIMITED LIABILITY PARTNER-
 SHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP.
   § 53. Subdivision 7 of section 339-n of  the  real  property  law,  as
 amended  by  chapter  346  of  the  laws  of 1997, is amended to read as
 follows:
   7. A designation of the secretary of state as agent of the corporation
 or board of managers upon whom process against it may be served AND  THE
 POST  OFFICE ADDRESS WITHIN OR WITHOUT THIS STATE TO WHICH THE SECRETARY
 OF STATE SHALL MAIL A COPY OF ANY PROCESS AGAINST IT SERVED UPON HIM  OR
 HER. THE DESIGNATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY
 OF  STATE  SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS
 BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Service of  process  on  the
 secretary  of  state  as  agent of such corporation or board of managers
 shall be made [personally] IN THE MANNER PROVIDED BY  PARAGRAPH  (A)  OR
 (B)  OF  THIS SUBDIVISION. (A) PERSONALLY delivering to and leaving with
 him or her or his or her deputy, or with any person  authorized  by  the
 secretary of state to receive such service, at the office of the depart-
 ment  of  state  in the city of Albany, duplicate copies of such process
 together with the statutory fee, which shall be a taxable  disbursement.
 Service  of  process  on  such corporation or board of managers shall be
 complete when the secretary of state is  so  served.  The  secretary  of

 S. 2508--B                         109
 
 state  shall  promptly send one of such copies by certified mail, return
 receipt requested, to such corporation or board of managers, at the post
 office address, on file in the department of state, specified  for  such
 purpose.  (B)  ELECTRONICALLY  SUBMITTING  A  COPY OF THE PROCESS TO THE
 DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL  BE
 A  TAXABLE  DISBURSEMENT,  THROUGH  AN ELECTRONIC SYSTEM OPERATED BY THE
 DEPARTMENT OF STATE, PROVIDED THE CORPORATION OR BOARD OF  MANAGERS  HAS
 AN  EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRE-
 TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST  THE
 CORPORATION  OR  BOARD OF MANAGERS HAS BEEN SERVED ELECTRONICALLY ON THE
 SECRETARY OF STATE.  SERVICE OF PROCESS ON SUCH CORPORATION OR BOARD  OF
 MANAGERS  SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND
 ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL  PROMPTLY
 SEND  NOTICE  OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON
 THE SECRETARY OF STATE TO SUCH CORPORATION OR BOARD OF MANAGERS  AT  THE
 EMAIL  ADDRESS  ON  FILE  IN  THE DEPARTMENT OF STATE, SPECIFIED FOR THE
 PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE  TO  SUCH  CORPO-
 RATION  OR  BOARD  OF MANAGERS. Nothing in this subdivision shall affect
 the right to serve process in any other manner permitted by  law.    The
 corporation  or  board of managers shall also file with the secretary of
 state the name and post office address within or without this  state  to
 which the secretary of state shall mail a copy of any process against it
 served upon the secretary of state and shall update the filing as neces-
 sary.
   § 54. This act shall take effect January 1, 2023.
 
                                  PART P
 
   Section  1. The executive law is amended by adding a new section 137-a
 to read as follows:
   § 137-A. ELECTRONIC NOTARIZATION. 1.  DEFINITIONS. (A)  "COMMUNICATION
 TECHNOLOGY"  MEANS  AN  ELECTRONIC  DEVICE OR PROCESS THAT: (I) ALLOWS A
 NOTARY PUBLIC AND A REMOTELY LOCATED INDIVIDUAL TO COMMUNICATE WITH EACH
 OTHER SIMULTANEOUSLY BY SIGHT AND SOUND; AND  (II)  WHEN  NECESSARY  AND
 CONSISTENT  WITH  OTHER APPLICABLE LAW, FACILITATES COMMUNICATION WITH A
 REMOTELY LOCATED INDIVIDUAL WHO HAS A VISION, HEARING, OR SPEECH IMPAIR-
 MENT.
   (B) "ELECTRONIC" SHALL HAVE THE SAME MEANING AS SET FORTH IN  SUBDIVI-
 SION ONE OF SECTION THREE HUNDRED TWO OF THE STATE TECHNOLOGY LAW.
   (C)  "ELECTRONIC  DOCUMENT"  MEANS INFORMATION THAT IS CREATED, GENER-
 ATED, SENT, COMMUNICATED, RECEIVED OR STORED BY ELECTRONIC MEANS.
   (D) "ELECTRONIC NOTARIAL ACT" MEANS AN OFFICIAL ACT BY A NOTARY PUBLIC
 ON OR INVOLVING AN ELECTRONIC DOCUMENT AND USING MEANS AUTHORIZED BY THE
 SECRETARY OF STATE.
   (E) "ELECTRONIC NOTARY PUBLIC" OR "ELECTRONIC NOTARY" MEANS  A  NOTARY
 PUBLIC  WHO HAS REGISTERED WITH THE SECRETARY OF STATE THE CAPABILITY OF
 PERFORMING ELECTRONIC NOTARIAL ACTS.
   (F) "ELECTRONIC SIGNATURE" SHALL HAVE THE SAME MEANING AS SET FORTH IN
 SUBDIVISION THREE OF SECTION THREE HUNDRED TWO OF THE  STATE  TECHNOLOGY
 LAW.
   (G)  "ELECTRONIC NOTARIAL STATEMENT OF AUTHORITY" MEANS THE PORTION OF
 A NOTARIZED ELECTRONIC DOCUMENT THAT IS COMPLETED BY A NOTARY PUBLIC AND
 CONTAINS THE NOTARY PUBLIC'S ELECTRONIC SIGNATURE  AND  ALL  INFORMATION
 REQUIRED BY SECTION ONE HUNDRED THIRTY-SEVEN OF THIS ARTICLE.
   (H)  "NOTARY  ELECTRONIC  SIGNATURE"  MEANS  THOSE FORMS OF ELECTRONIC
 SIGNATURE, WHICH HAVE BEEN APPROVED BY THE  SECRETARY  OF  STATE  AS  AN

 S. 2508--B                         110
 
 ACCEPTABLE  MEANS  FOR AN ELECTRONIC NOTARY TO AFFIX THE NOTARY PUBLIC'S
 OFFICIAL SIGNATURE TO AN ELECTRONIC RECORD THAT IS BEING NOTARIZED.
   (I)  "REMOTELY  LOCATED  INDIVIDUAL" MEANS AN INDIVIDUAL WHO IS NOT IN
 THE PHYSICAL PRESENCE OF THE NOTARY PUBLIC AT THE TIME OF  THE  NOTARIAL
 ACT.
   2.  IDENTIFYING  DOCUMENT  SIGNERS.    (A) THE METHODS FOR IDENTIFYING
 DOCUMENT SIGNERS FOR AN ELECTRONIC NOTARIZATION SHALL BE THE SAME AS THE
 METHODS REQUIRED FOR A PAPER-BASED NOTARIZATION; PROVIDED,  HOWEVER,  AN
 ELECTRONIC  NOTARIZATION  CONDUCTED  UTILIZING  COMMUNICATION TECHNOLOGY
 SHALL MEET THE FOLLOWING STANDARDS:
   (I) THE SIGNAL TRANSMISSION SHALL BE SECURE FROM INTERCEPTION  THROUGH
 LAWFUL MEANS BY ANYONE OTHER THAN THE PERSONS COMMUNICATING;
   (II) THE SIGNAL TRANSMISSION SHALL BE LIVE, IN REAL TIME; AND
   (III)  THE  TECHNOLOGY SHALL PERMIT THE NOTARY TO COMMUNICATE WITH AND
 IDENTIFY THE REMOTELY LOCATED INDIVIDUAL AT THE  TIME  OF  THE  NOTARIAL
 ACT, PROVIDED THAT SUCH IDENTIFICATION IS CONFIRMED BY:
   (A) PERSONAL KNOWLEDGE;
   (B)  AN  ANTECEDENT IN-PERSON IDENTITY VERIFICATION PROCESS IN ACCORD-
 ANCE WITH THE SPECIFICATIONS OF THE FEDERAL BRIDGE CERTIFICATION AUTHOR-
 ITY; OR
   (C) EACH OF THE FOLLOWING:  (1)  REMOTE  PRESENTATION  BY  THE  PERSON
 CREATING  THE ELECTRONIC SIGNATURE OF A GOVERNMENT ISSUED IDENTIFICATION
 CREDENTIAL, INCLUDING SUCH PERSON'S PASSPORT OR DRIVER'S  LICENSE,  THAT
 CONTAINS  THE  SIGNATURE AND A PHOTOGRAPH OF SUCH PERSON; (2) CREDENTIAL
 ANALYSIS; AND (3) IDENTITY PROOFING.
   (B) IF VIDEO AND AUDIO CONFERENCE TECHNOLOGY HAS BEEN USED  TO  ASCER-
 TAIN  A  DOCUMENT  SIGNER'S IDENTITY, THE ELECTRONIC NOTARY SHALL KEEP A
 COPY OF THE RECORDING OF THE VIDEO AND AUDIO CONFERENCE AND  A  NOTATION
 OF  THE  TYPE  OF  ANY OTHER IDENTIFICATION USED. THE RECORDING SHALL BE
 MAINTAINED FOR A PERIOD OF AT LEAST TEN YEARS FROM THE  DATE  OF  TRANS-
 ACTION.
   (C)  FOR PURPOSES OF THIS SUBDIVISION: (I) "CREDENTIAL ANALYSIS" MEANS
 A PROCESS OR SERVICE THAT MEETS THE STANDARDS ESTABLISHED BY THE  SECRE-
 TARY  OF  STATE  THROUGH  WHICH A THIRD PERSON AFFIRMS THE VALIDITY OF A
 GOVERNMENT-ISSUED IDENTIFICATION CREDENTIAL THROUGH REVIEW OF PUBLIC AND
 PROPRIETARY DATA SOURCES; AND
   (II) "IDENTITY PROOFING" MEANS A PROCESS OR SERVICE OPERATING  ACCORD-
 ING  TO  STANDARDS ESTABLISHED BY THE SECRETARY OF STATE THROUGH WHICH A
 THIRD PERSON AFFIRMS THE IDENTITY OF AN  INDIVIDUAL:  (A)  BY  MEANS  OF
 DYNAMIC  KNOWLEDGE  BASED  AUTHENTICATION  SUCH  AS A REVIEW OF PERSONAL
 INFORMATION FROM PUBLIC OR PROPRIETARY DATA SOURCES; OR (B) BY MEANS  OF
 ANALYSIS  OF BIOMETRIC DATA SUCH AS, BUT NOT LIMITED TO, FACIAL RECOGNI-
 TION, VOICEPRINT ANALYSIS, OR FINGERPRINT ANALYSIS.
   3. REGISTRATION REQUIREMENTS. (A)  BEFORE  PERFORMING  ANY  ELECTRONIC
 NOTARIAL  ACT  OR ACTS, A NOTARY PUBLIC SHALL REGISTER THE CAPABILITY TO
 NOTARIZE ELECTRONICALLY WITH THE SECRETARY OF STATE ON A FORM PRESCRIBED
 BY THE SECRETARY OF STATE.
   (B) IN REGISTERING THE CAPABILITY TO PERFORM ELECTRONIC NOTARIAL ACTS,
 THE NOTARY PUBLIC SHALL PROVIDE THE FOLLOWING INFORMATION TO THE  SECRE-
 TARY OF STATE, NOTARY PROCESSING UNIT:
   (I)  THE APPLICANT'S NAME AS CURRENTLY COMMISSIONED AND COMPLETE MAIL-
 ING ADDRESS;
   (II) THE EXPIRATION DATE OF THE NOTARY PUBLIC'S COMMISSION AND  SIGNA-
 TURE OF THE COMMISSIONED NOTARY PUBLIC;
   (III) THE APPLICANT'S E-MAIL ADDRESS;

 S. 2508--B                         111
 
   (IV)  THE  DESCRIPTION OF THE ELECTRONIC TECHNOLOGY OR TECHNOLOGIES TO
 BE USED IN ATTACHING THE NOTARY PUBLIC'S  ELECTRONIC  SIGNATURE  TO  THE
 ELECTRONIC DOCUMENT; AND
   (V)  AN  EXEMPLAR  OF  THE NOTARY PUBLIC'S ELECTRONIC SIGNATURE, WHICH
 SHALL CONTAIN THE NOTARY PUBLIC'S NAME AND ANY NECESSARY INSTRUCTIONS OR
 TECHNIQUES THAT ALLOW THE NOTARY PUBLIC'S  ELECTRONIC  SIGNATURE  TO  BE
 READ.
   4.  TYPES OF ELECTRONIC NOTARIAL ACTS. (A) ANY NOTARIAL ACT AUTHORIZED
 BY SECTION ONE HUNDRED THIRTY-FIVE OF  THIS  ARTICLE  MAY  BE  PERFORMED
 ELECTRONICALLY  AS  PRESCRIBED  BY THIS SECTION IF: (I) UNDER APPLICABLE
 LAW THAT DOCUMENT MAY BE SIGNED WITH AN ELECTRONIC SIGNATURE;  AND  (II)
 THE  ELECTRONIC NOTARY PUBLIC IS LOCATED WITHIN THE STATE AT THE TIME OF
 THE PERFORMANCE OF AN ELECTRONIC NOTARIAL ACT USING COMMUNICATION  TECH-
 NOLOGY, REGARDLESS OF THE LOCATION OF THE DOCUMENT SIGNER.
   (B) AN ELECTRONIC NOTARIAL ACT PERFORMED USING COMMUNICATION TECHNOLO-
 GY  PURSUANT  TO  THIS  SECTION SATISFIES ANY REQUIREMENT OF LAW OF THIS
 STATE THAT A DOCUMENT SIGNER PERSONALLY APPEAR BEFORE, BE IN  THE  PRES-
 ENCE  OF,  OR  BE IN A SINGLE TIME AND PLACE WITH A NOTARY PUBLIC AT THE
 TIME OF THE PERFORMANCE OF THE NOTARIAL ACT.
   5. FORM AND MANNER OF PERFORMING THE ELECTRONIC NOTARIAL ACT. (A) WHEN
 PERFORMING AN ELECTRONIC NOTARIAL ACT, A NOTARY PUBLIC  SHALL  APPLY  AN
 ELECTRONIC SIGNATURE, WHICH SHALL BE ATTACHED TO OR LOGICALLY ASSOCIATED
 WITH  THE  ELECTRONIC  DOCUMENT  SUCH THAT REMOVAL OR ALTERATION OF SUCH
 ELECTRONIC SIGNATURE IS DETECTABLE AND WILL RENDER  EVIDENCE  OF  ALTER-
 ATION  OF THE DOCUMENT CONTAINING THE NOTARY SIGNATURE WHICH MAY INVALI-
 DATE THE ELECTRONIC NOTARIAL ACT.
   (B) THE NOTARY PUBLIC'S ELECTRONIC SIGNATURE IS DEEMED TO BE  RELIABLE
 IF  THE  FOLLOWING  REQUIREMENTS ARE MET: (I) IT IS UNIQUE TO THE NOTARY
 PUBLIC;
   (II) IT IS CAPABLE OF INDEPENDENT VERIFICATION;
   (III) IT IS RETAINED UNDER THE NOTARY PUBLIC'S SOLE CONTROL;
   (IV) IT IS ATTACHED TO OR LOGICALLY  ASSOCIATED  WITH  THE  ELECTRONIC
 DOCUMENT; AND
   (V)  IT  IS  LINKED  TO  THE DATA IN SUCH A MANNER THAT ANY SUBSEQUENT
 ALTERATIONS TO THE UNDERLYING DOCUMENT ARE DETECTABLE AND MAY INVALIDATE
 THE ELECTRONIC NOTARIAL ACT.
   (C) THE NOTARY PUBLIC'S ELECTRONIC SIGNATURE SHALL BE  USED  ONLY  FOR
 THE PURPOSE OF PERFORMING ELECTRONIC NOTARIAL ACTS.
   (D)  THE REMOTE ONLINE NOTARIAL CERTIFICATE FOR AN ELECTRONIC NOTARIAL
 ACT SHALL STATE THAT THE PERSON MAKING THE ACKNOWLEDGEMENT OR MAKING THE
 OATH APPEARED REMOTELY ONLINE.
   (E) THE SECRETARY SHALL ADOPT RULES NECESSARY TO ESTABLISH  STANDARDS,
 PROCEDURES,  PRACTICES, FORMS, AND RECORDS RELATING TO A NOTARY PUBLIC'S
 ELECTRONIC SIGNATURE. THE NOTARY  PUBLIC'S  ELECTRONIC  SIGNATURE  SHALL
 CONFORM TO ANY STANDARDS ADOPTED BY THE SECRETARY.
   6.    RECORDING  OF AN ELECTRONIC RECORD. (A) IF OTHERWISE REQUIRED BY
 LAW AS A CONDITION FOR RECORDING THAT A DOCUMENT BE  AN  ORIGINAL  DOCU-
 MENT, PRINTED ON PAPER OR ANOTHER TANGIBLE MEDIUM, OR BE IN WRITING, THE
 REQUIREMENT  IS  SATISFIED  BY  PAPER  COPY OF AN ELECTRONIC RECORD THAT
 COMPLIES WITH THE REQUIREMENTS OF THIS SECTION.
   (B) IF OTHERWISE REQUIRED BY LAW AS A CONDITION FOR RECORDING, THAT  A
 DOCUMENT BE SIGNED, THE REQUIREMENT IS SATISFIED BY AN ELECTRONIC SIGNA-
 TURE.
   (C)  A  REQUIREMENT  THAT  A DOCUMENT OR A SIGNATURE ASSOCIATED WITH A
 DOCUMENT BE NOTARIZED, ACKNOWLEDGED, VERIFIED, WITNESSED, OR MADE  UNDER
 OATH  IS  SATISFIED IF THE ELECTRONIC SIGNATURE OF THE PERSON AUTHORIZED

 S. 2508--B                         112
 
 TO PERFORM THAT ACT, AND ALL OTHER INFORMATION REQUIRED TO BE  INCLUDED,
 IS ATTACHED TO OR LOGICALLY ASSOCIATED WITH THE DOCUMENT OR SIGNATURE. A
 PHYSICAL  OR  ELECTRONIC  IMAGE OF A STAMP, IMPRESSION, OR SEAL NEED NOT
 ACCOMPANY  AN  ELECTRONIC  SIGNATURE IF THE NOTARY HAS ATTACHED AN ELEC-
 TRONIC NOTARIAL CERTIFICATE THAT MEETS THE REQUIREMENTS OF THIS SECTION.
   7.  CHANGE OF E-MAIL ADDRESS. WITHIN FIVE DAYS AFTER THE CHANGE OF  AN
 ELECTRONIC NOTARY PUBLIC'S E-MAIL ADDRESS, THE NOTARY PUBLIC SHALL ELEC-
 TRONICALLY  TRANSMIT  TO  THE SECRETARY OF STATE A NOTICE OF THE CHANGE,
 SIGNED WITH THE NOTARY PUBLIC'S OFFICIAL ELECTRONIC SIGNATURE.
   § 2. Section 136 of the executive law, as amended by  chapter  143  of
 the laws of 1991, is amended to read as follows:
   § 136. Notarial  fees.  A  notary  public  shall  be  entitled to [the
 following] fees[:
   1. For administering an oath or affirmation, and certifying  the  same
 when  required,  except  where another fee is specifically prescribed by
 statute, two dollars.
   2. For taking and certifying the acknowledgment or proof of  execution
 of  a  written instrument, by one person, two dollars, and by each addi-
 tional person, two dollars,  for  swearing  each  witness  thereto,  two
 dollars],  INCLUDING  FOR ELECTRONIC NOTARIAL SERVICES, AS AUTHORIZED BY
 THE SECRETARY OF STATE.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  on  or  before
 such effective date.
 
                                  PART Q
 
                           Intentionally Omitted
 
                                  PART R
 
                           Intentionally Omitted
 
                                  PART S
 
                           Intentionally Omitted
 
                                  PART T
 
   Section  1.  Legislative  findings.  The  legislature hereby finds and
 determines that the establishment of  the  utility  debt  securitization
 authority  under  part B of chapter 173 of the laws of 2013, as amended,
 permitted the issuance of securitized restructuring bonds  on  favorable
 terms  which  resulted in lower aggregate distribution, transmission and
 transition charges to Long Island ratepayers, compared to  other  avail-
 able alternatives, and the purposes of such act will be further advanced
 by  amending  such  act  to permit the issuance of additional such bonds
 subject to a limit on the outstanding principal amount  thereof  and  to
 allow  such bonds to be issued to refund bonds of the utility debt secu-
 ritization authority. The legislature hereby further  finds  and  deter-
 mines  that  improvements to the transmission and distribution system of

 S. 2508--B                         113
 
 the Long Island Power Authority to increase resiliency and better  with-
 stand  the effects of climate change are necessary, and that issuance of
 securitized restructuring  bonds  by  the  Utility  Debt  Securitization
 Authority  may  allow the funding of such improvements on more favorable
 terms than if such bonds were issued by the Long Island Power Authority.
 The legislature hereby further finds and determines that it  is  in  the
 interest of Long Island ratepayers for the state comptroller to exercise
 oversight  over  the  issuance  of  securitized  restructuring bonds and
 contracts entered into on behalf of the service provider.
   § 2. Subdivision 2 of section 2 of part B of chapter 173 of  the  laws
 of  2013  relating to the issuance of securitized restructuring bonds to
 refinance the outstanding debt of the Long Island  power  authority,  is
 amended to read as follows:
   2.  "Approved  restructuring  costs"  means, to the extent approved as
 such under a restructuring cost financing order, (a) costs  of  purchas-
 ing, redeeming or defeasing a portion of outstanding debt of the author-
 ity  OR  THE RESTRUCTURING BOND ISSUER, including bonds and notes issued
 by the authority OR THE RESTRUCTURING BOND ISSUER, debt  issued  by  the
 New York state energy research and development authority for the benefit
 of  the LILCO; (b) costs of terminating interest rate swap contracts and
 other financial contracts entered into by or  for  the  benefit  of  the
 authority  and related to debt obligations of the authority; (c) rebate,
 yield reduction payments and any other amounts  payable  to  the  United
 States  Treasury  or  to  the  Internal  Revenue  Service to preserve or
 protect the federal tax-exempt status of outstanding debt obligations of
 the  authority;  [and]  (d)  upfront  financing  costs  associated  with
 restructuring bonds; AND (E) SYSTEM RESILIENCY COSTS.
   §  3. Subdivision 11 of section 2 of part B of chapter 173 of the laws
 of 2013 relating to the issuance of securitized restructuring  bonds  to
 refinance  the  outstanding  debt of the Long Island power authority, as
 amended by section 2-a of part W of chapter 58 of the laws of  2015,  is
 amended to read as follows:
   11.  "Restructuring  bonds"  means bonds or other evidences of indebt-
 edness that are issued pursuant to an indenture or  other  agreement  of
 the restructuring bond issuer under a restructuring cost financing order
 (a)  the proceeds of which are used, directly or indirectly, to recover,
 finance, or refinance approved restructuring costs, (b) that are direct-
 ly or indirectly secured by, or payable  from,  restructuring  property,
 AND  (c) that have a term no longer than thirty years [and (d) that have
 a final scheduled maturity date no later than the final scheduled  matu-
 rity  date  of  the authority bonds purchased, redeemed or defeased with
 the proceeds of such restructuring bonds].
   § 4. Section 2 of part B of chapter 173 of the laws of  2013  relating
 to  the  issuance  of  securitized  restructuring bonds to refinance the
 outstanding debt of the Long  Island  power  authority,  is  amended  by
 adding a new subdivision 17-a to read as follows:
   17-A.  "SYSTEM RESILIENCY COSTS" MEANS, TO THE EXTENT APPROVED AS SUCH
 UNDER A RESTRUCTURING COST FINANCING ORDER, COSTS OF REBUILDING, IMPROV-
 ING OR CONSTRUCTING  TRANSMISSION  AND  DISTRIBUTION  SYSTEM  ASSETS  TO
 INCREASE RESILIENCY OF SUCH ASSETS, BETTER WITHSTAND CHANGES IN CLIMATE,
 ABSORB  IMPACTS  FROM  OUTAGE-INDUCING  EVENTS, AND RECOVER QUICKLY FROM
 OUTAGES INCLUDING BUT NOT LIMITED TO, IMPROVEMENTS TO AND REPLACEMENT OF
 POLES AND WIRES, MOVING POWER LINES  UNDERGROUND,  RAISING  SUBSTATIONS,
 CONSTRUCTING FLOOD BARRIERS, AND SYSTEM AUTOMATION AND COSTS OF PURCHAS-
 ING,  REDEEMING  OR  DEFEASING DEBT OF THE AUTHORITY INCURRED TO FINANCE

 S. 2508--B                         114
 
 SUCH COSTS OR REIMBURSING THE AUTHORITY FOR  AMOUNTS  ALREADY  SPENT  ON
 SUCH COSTS.
   §  5.  Subdivision 1 of section 3 of part B of chapter 173 of the laws
 of 2013 relating to the issuance of securitized restructuring  bonds  to
 refinance  the  outstanding  debt of the Long Island power authority, is
 amended to read as follows:
   1. Standard. The authority may, SUBJECT TO APPROVAL OF THE STATE COMP-
 TROLLER, IN CONSULTATION WITH THE DEPARTMENT OF PUBLIC SERVICE,  prepare
 a  restructuring  cost  financing  order  (A) for the purpose of issuing
 restructuring bonds to refinance outstanding debt of  the  authority  OR
 THE RESTRUCTURING BOND ISSUER based on a finding that such bond issuance
 is  expected  to result in savings to consumers of electric transmission
 and distribution services in the service area on  a  net  present  value
 basis;  OR (B) FOR THE PURPOSE OF ISSUING RESTRUCTURING BONDS TO FINANCE
 SYSTEM RESILIENCY COSTS BASED ON A FINDING THAT FUNDING OF  SUCH  SYSTEM
 RESILIENCY  COSTS BY THE ISSUER WOULD RESULT IN LOWER COSTS TO CONSUMERS
 OF ELECTRIC TRANSMISSION AND DISTRIBUTION SERVICES IN THE  SERVICE  AREA
 ON  A  NET  PRESENT  VALUE  BASIS  THAN  FUNDING  OF  SUCH  COSTS BY THE
 AUTHORITY.
   § 6. Paragraph (a) of subdivision 1 of section 4 of part B of  chapter
 173 of the laws of 2013 relating to the issuance of securitized restruc-
 turing  bonds to refinance the outstanding debt of the Long Island power
 authority, as amended by section 3 of part W of chapter 58 of  the  laws
 of 2015, is amended to read as follows:
   (a)  For  the purpose of effectuating the purposes declared in section
 one of this act, there is hereby created  a  special  purpose  corporate
 municipal  instrumentality  of  the  state  to be known as "utility debt
 securitization authority", which shall be a body corporate and  politic,
 a  political subdivision of the state, and a public benefit corporation,
 exercising essential governmental and public powers for the good of  the
 public.    Such restructuring bond issuer shall not be created or organ-
 ized, and its operations shall not be  conducted,  for  the  purpose  of
 making a profit. No part of the revenues or assets of such restructuring
 bond  issuer  shall  inure  to the benefit of or be distributable to its
 trustees or officers or any other  private  persons,  except  as  herein
 provided  for actual services rendered.  [The aggregate principal amount
 of restructuring bonds authorized to be  issued  by  restructuring  bond
 issuers created pursuant to this act shall not exceed] NO MORE THAN four
 billion  five  hundred  million  dollars  AGGREGATE  PRINCIPAL AMOUNT OF
 RESTRUCTURING BONDS ISSUED BY RESTRUCTURING BOND ISSUERS CREATED  PURSU-
 ANT  TO  THIS  ACT SHALL BE OUTSTANDING AT ANY TIME. FOR THE PURPOSES OF
 THIS SECTION, RESTRUCTURING BONDS SHALL NOT BE DEEMED TO BE  OUTSTANDING
 IF  THEY HAVE MATURED OR IF THEY HAVE BEEN PAID OR REDEEMED OR PROVISION
 FOR PAYMENT OR REDEMPTION OF SUCH BONDS SHALL HAVE BEEN MADE.
   § 7. Subparagraphs (i) and (iv) of paragraph (a) of subdivision  2  of
 section  4  of part B of chapter 173 of the laws of 2013 relating to the
 issuance  of   securitized   restructuring   bonds   to   refinance  the
 outstanding debt of the Long Island power authority, subparagraph (i) as
 amended and subparagraph (iv) as added by section 4 of part W of chapter
 58 of the laws of 2015,  are  amended to read as follows:
   (i) issue the restructuring bonds contemplated by a restructuring cost
 financing  order,  and  use the proceeds thereof to purchase or acquire,
 and to own, hold and use  restructuring  property  or  to  pay  or  fund
 upfront  financing costs [provided, however, that the restructuring bond
 issuer shall not issue restructuring bonds for the purpose of  refunding
 other restructuring bond];

 S. 2508--B                         115
 
   (iv)  [only]  issue  restructuring  bonds of which the final scheduled
 maturity date of any series of restructuring bonds  shall  be  no  later
 than  [the  final  scheduled  maturity date of the authority bonds to be
 purchased, redeemed or defeased with the proceeds of such  restructuring
 bonds]  THIRTY  YEARS  FROM  THE  DATE OF ISSUANCE OF SUCH RESTRUCTURING
 BONDS.
   § 7-a. Subdivision 2 of section 1020-cc of the public authorities law,
 as added by section 11 of part A of chapter 173 of the laws of 2013,  is
 amended to read as follows:
   2. The authority and service provider shall provide to the state comp-
 troller  on  March  thirty-first  and September thirtieth of each year a
 report documenting each contract in excess of two hundred fifty thousand
 dollars per year entered into with a third party and related to  manage-
 ment  and  operation  services  associated with the authority's electric
 transmission and distribution system, including the name  of  the  third
 party,  the  contract  term and a description of services or goods to be
 procured, and post such report on each of their websites. All  contracts
 entered  into  between  the service provider and third parties are [not]
 subject to the requirements of subdivision one of this section.
   § 8. This act shall take effect immediately.
 
                                  PART U
 
   Section 1.  Paragraph 4 of subdivision (c) of  section  188-a  of  the
 economic development law, as added by section 2 of part CC of chapter 60
 of the laws of 2011, is amended to read as follows:
   (4) The board may base its recommendation on which eligible applicants
 it determines best meet the applicable criteria; provided, however, that
 the  board  shall  dedicate  recharge  New York power as follows: (i) at
 least three hundred fifty megawatts for use at facilities located within
 the service territories of the utility corporations that, prior  to  the
 effective  date  of  this  section, purchased Niagara and Saint Lawrence
 hydroelectric power for the benefit of their domestic and rural  consum-
 ers;  (ii) at least two hundred megawatts for the purposes of attracting
 new business to the state, creating new business within  the  state,  or
 encouraging  the expansion of existing businesses within the state, that
 create new jobs or leverage new capital investment; and (iii) an  amount
 not  to exceed one hundred FIFTY megawatts for eligible small businesses
 and eligible not-for-profit corporations.
   § 2. This act shall take effect immediately.
 
                                  PART V
 
   Section 1. Subsections (e) and (g) of section 7002  of  the  insurance
 law,  as amended by chapter 188 of the laws of 2003, are amended to read
 as follows:
   (e) "Industrial insured" means an insured:
   (1) whose net worth exceeds one hundred million dollars;
   (2) who is a member of  a  holding  company  system  whose  net  worth
 exceeds one hundred million dollars;
   (3) who is the metropolitan transportation authority and its statutory
 subsidiaries.  When  filing an application to form a pure captive insur-
 ance company the  metropolitan  transportation  authority  shall  submit
 written  notice  of such filing to the governor, the temporary president
 of the senate and the speaker of the assembly; [or]

 S. 2508--B                         116
 
   (4) WHO IS THE POWER AUTHORITY OF THE STATE OF NEW YORK AND ANY STATU-
 TORY SUBSIDIARY OR AFFILIATE THEREOF. WHEN FILING AN APPLICATION TO FORM
 A PURE CAPTIVE INSURANCE COMPANY THE POWER AUTHORITY SHALL SUBMIT  WRIT-
 TEN  NOTICE  OF  SUCH FILING TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
 THE SENATE AND THE SPEAKER OF THE ASSEMBLY; OR
   (5)  who  is  a  city  with  a population of one million or more. When
 filing an application to form a pure captive insurance company,  a  city
 with  a population of one million or more shall submit written notice of
 such filing to the governor, the temporary president of the  senate  and
 the speaker of the assembly.
   (g)  "Industrial insured group" means any group of unaffiliated indus-
 trial insureds that are engaged in  similar  or  related  businesses  or
 activities,  however,  the  metropolitan  transportation  authority, THE
 POWER AUTHORITY OF THE STATE OF NEW YORK AND ANY STATUTORY SUBSIDIARY OR
 AFFILIATE THEREOF and cities with a population of one  million  or  more
 shall  not  be a member of an industrial insured group, and that collec-
 tively:
   (1) own, control or hold with power to vote  all  of  the  outstanding
 voting shares of stock of a group captive insurance company incorporated
 as a stock insurer; or
   (2)  represent  one  hundred  percent of the voting members of a group
 captive insurance company organized as a mutual insurer.
   § 2. Section 1005 of the public authorities law is amended by adding a
 new subdivision 28 to read as follows:
   28. THE AUTHORITY MAY  ESTABLISH  A  SUBSIDIARY  CORPORATION  FOR  THE
 PURPOSE  OF  FORMING  A  PURE  CAPTIVE  INSURANCE COMPANY AS PROVIDED IN
 SECTION SEVEN THOUSAND TWO OF THE INSURANCE LAW.  THE  MEMBERS  OF  SUCH
 SUBSIDIARY  CORPORATION OF THE AUTHORITY SHALL BE THE SAME PERSONS HOLD-
 ING THE OFFICES OF MEMBERS OF THE AUTHORITY. SUCH SUBSIDIARY CORPORATION
 SHALL HAVE ALL OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS  AND  OTHER
 EXEMPTIONS  OF  THE AUTHORITY AND OF THE AUTHORITY'S PROPERTY, FUNCTIONS
 AND ACTIVITIES. THE SUBSIDIARY CORPORATION OF  THE  AUTHORITY  SHALL  BE
 SUBJECT  TO  SUIT  IN  ACCORDANCE WITH SECTION ONE THOUSAND SEVENTEEN OF
 THIS TITLE. THE EMPLOYEES OF ANY  SUCH  SUBSIDIARY  CORPORATION,  EXCEPT
 THOSE  WHO  ARE  ALSO  EMPLOYEES  OF  THE AUTHORITY, SHALL NOT BE DEEMED
 EMPLOYEES OF THE AUTHORITY.
   § 3. Subdivision (a) of section 1500 of the tax  law,  as  amended  by
 section  21  of  part A of chapter 59 of the laws of 2014, is amended to
 read as follows:
   (a) The term "insurance corporation" includes a  corporation,  associ-
 ation,  joint stock company or association, person, society, aggregation
 or partnership, by whatever name known,  doing  an  insurance  business,
 and, notwithstanding the provisions of section fifteen hundred twelve of
 this  article,  shall  include  (1) a risk retention group as defined in
 subsection (n) of section five thousand nine hundred two of  the  insur-
 ance  law,  (2)  the state insurance fund and (3) a corporation, associ-
 ation, joint stock company or association, person, society,  aggregation
 or  partnership  doing an insurance business as a member of the New York
 insurance exchange described in section six thousand two hundred one  of
 the  insurance  law.  The  definition  of  the  "state  insurance  fund"
 contained in this subdivision shall be limited  in  its  effect  to  the
 provisions  of  this  article and the related provisions of this chapter
 and shall have no force and effect  other  than  with  respect  to  such
 provisions.  The  term  "insurance  corporation"  shall  also  include a
 captive insurance company doing a captive insurance business, as defined
 in subsections (c) and (b), respectively, of section seven thousand  two

 S. 2508--B                         117
 
 of  the  insurance law; provided, however, "insurance corporation" shall
 not include the metropolitan transportation authority, THE POWER AUTHOR-
 ITY OF NEW YORK OR ANY STATUTORY SUBSIDIARY OR AFFILIATE THEREOF,  or  a
 public  benefit  corporation  or  not-for-profit corporation formed by a
 city with a population of one million or more pursuant to subsection (a)
 of section seven thousand five of the insurance law, each  of  which  is
 expressly exempt from the payment of fees, taxes or assessments, whether
 state  or  local;  and provided further "insurance corporation" does not
 include any combinable captive insurance company.  The  term  "insurance
 corporation"  shall  also include an unauthorized insurer operating from
 an office within the state, pursuant to paragraph five of subsection (b)
 of section one thousand one hundred one and subsection  (i)  of  section
 two  thousand  one  hundred  seventeen  of  the  insurance law. The term
 "insurance corporation" also includes a health maintenance  organization
 required  to  obtain a certificate of authority under article forty-four
 of the public health law.
   § 4. Subdivision (a) of section 1502-b of the tax law, as  amended  by
 section  22  of  part A of chapter 59 of the laws of 2014, is amended to
 read as follows:
   (a) In lieu of the taxes and tax surcharge imposed by sections fifteen
 hundred one, fifteen hundred two-a, fifteen hundred five-a, and  fifteen
 hundred ten of this article, every captive insurance company licensed by
 the  superintendent  of financial services pursuant to the provisions of
 article seventy of the insurance law, other than the metropolitan trans-
 portation authority, THE POWER AUTHORITY OF NEW YORK  OR  ANY  STATUTORY
 SUBSIDIARY  OR  AFFILIATE  THEREOF,  and a public benefit corporation or
 not-for-profit corporation formed by a city with  a  population  of  one
 million  or  more  pursuant  to subsection (a) of section seven thousand
 five of the insurance law, each of which is expressly  exempt  from  the
 payment  of fees, taxes or assessments whether state or local, and other
 than combinable captive insurance company, shall, for the  privilege  of
 exercising  its  corporate  franchise, pay a tax on (1) all gross direct
 premiums, less return premiums thereon,  written  on  risks  located  or
 resident  in  this  state and (2) all assumed reinsurance premiums, less
 return premiums thereon, written on risks located or  resident  in  this
 state.  The  rate  of  the tax imposed on gross direct premiums shall be
 four-tenths of one percent on all  or  any  part  of  the  first  twenty
 million  dollars  of premiums, three-tenths of one percent on all or any
 part of the second twenty million dollars of premiums, two-tenths of one
 percent on all or any part of the third twenty million dollars of premi-
 ums, and seventy-five thousandths of  one  percent  on  each  dollar  of
 premiums thereafter. The rate of the tax on assumed reinsurance premiums
 shall  be  two  hundred twenty-five thousandths of one percent on all or
 any part of the first twenty million dollars of  premiums,  one  hundred
 and  fifty  thousandths  of one percent on all or any part of the second
 twenty million dollars of premiums, fifty thousandths of one percent  on
 all  or  any  part  of  the third twenty million dollars of premiums and
 twenty-five thousandths of one percent on each dollar of premiums there-
 after. The tax imposed by this section shall be equal to the greater  of
 (i)  the  sum  of  the  tax imposed on gross direct premiums and the tax
 imposed on assumed reinsurance premiums or (ii) five thousand dollars.
   § 5. This act shall take effect immediately.
 
                                  PART W

 S. 2508--B                         118
 
   Section 1. Expenditures  of  moneys  by  the  New  York  state  energy
 research  and  development  authority  for  services and expenses of the
 energy  research,  development  and  demonstration  program,   including
 grants, the energy policy and planning program, the zero emissions vehi-
 cle  and  electric vehicle rebate program, and the Fuel NY program shall
 be subject to the provisions  of  this  section.    Notwithstanding  the
 provisions of subdivision 4-a of section 18-a of the public service law,
 all  moneys committed or expended in an amount not to exceed $22,700,000
 shall be reimbursed by assessment against gas corporations,  as  defined
 in  subdivision  11  of section 2 of the public service law and electric
 corporations as defined in subdivision 13 of section  2  of  the  public
 service  law, where such gas corporations and electric corporations have
 gross revenues from intrastate utility operations in excess of  $500,000
 in  the  preceding calendar year, and the total amount assessed shall be
 allocated to each electric corporation and gas corporation in proportion
 to its intrastate electricity and gas  revenues  in  the  calendar  year
 2019.  Such  amounts  shall  be  excluded  from  the  general assessment
 provisions of subdivision 2 of section 18-a of the public  service  law.
 The  chair  of  the public service commission shall bill such gas and/or
 electric corporations for such amounts on or before August 10, 2021  and
 such  amounts  shall  be  paid to the New York state energy research and
 development authority on or before September 10, 2021. Upon receipt, the
 New York state energy research and development authority  shall  deposit
 such  funds in the energy research and development operating fund estab-
 lished pursuant to section 1859 of the public authorities law.  The  New
 York  state  energy research and development authority is authorized and
 directed to: (1) transfer up to $4 million to the state general fund for
 climate change related services and expenses of the department of  envi-
 ronmental  conservation, $150,000 to the state general fund for services
 and expenses of the department of agriculture and markets, and  $825,000
 to  the University of Rochester laboratory for laser energetics from the
 funds received; and (2) commencing in 2016, provide to the chair of  the
 public  service commission and the director of the budget and the chairs
 and secretaries of the  legislative  fiscal  committees,  on  or  before
 August  first  of each year, an itemized record, certified by the presi-
 dent and chief executive officer of the authority, or his or her  desig-
 nee,  detailing  any  and all expenditures and commitments ascribable to
 moneys received as a result of this  assessment  by  the  chair  of  the
 department  of  public  service  pursuant  to section 18-a of the public
 service law.  This itemized record shall include an  itemized  breakdown
 of the programs being funded by this section and the amount committed to
 each  program.  The  authority shall not commit for any expenditure, any
 moneys derived from the assessment provided for in this  section,  until
 the  chair  of  such authority shall have submitted, and the director of
 the budget shall have approved, a comprehensive  financial  plan  encom-
 passing  all  moneys  available  to  and all anticipated commitments and
 expenditures by such authority from any source  for  the  operations  of
 such  authority.    Copies  of the approved comprehensive financial plan
 shall be immediately submitted by the chair to  the  chairs  and  secre-
 taries of the legislative fiscal committees. Any such amount not commit-
 ted  by such authority to contracts or contracts to be awarded or other-
 wise expended by the authority during the fiscal year shall be  refunded
 by such authority on a pro-rata basis to such gas and/or electric corpo-
 rations,  in  a  manner  to  be  determined  by the department of public
 service, and any refund amounts must be  explicitly  lined  out  in  the
 itemized record described above.

 S. 2508--B                         119
 
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2021.
 
                                  PART X
 
   Section  1.  Section 11-0701 of the environmental conservation law, as
 amended by section 1-a of part R of chapter 58  of  the  laws  of  2013,
 paragraph  a of subdivision 1 as amended by section 21 and subdivision 9
 as amended by section 17 of part EE of chapter 55 of the laws  of  2014,
 is amended to read as follows:
 § 11-0701. Definitions of licenses and privileges of licensees.
   1. A hunting license[:
   a.]  entitles  a  holder  who  is  twelve  [or], thirteen, FOURTEEN OR
 FIFTEEN years of age to hunt wildlife[, except big game,] as provided in
 title 9 of this article subject,  specifically,  to  the  provisions  of
 section  11-0929  of  this  article.  It entitles such holder to possess
 firearms as provided in section 265.05 of the penal law. [A  holder  who
 is twelve or thirteen years of age shall not hunt with a crossbow.
   b.  entitles  a holder who is fourteen or fifteen years of age to hunt
 wildlife, including wild deer and bear, as provided in title 9  of  this
 article,  subject, specifically, to the provisions of section 11-0929 of
 this article. It entitles such holder to possess firearms as provided in
 section 265.05 of the penal law.]
   2. a. A hunting license entitles the holder to hunt  wildlife  subject
 to the following:
   (1)  a  holder who is eighteen years of age or older may hunt wildlife
 as provided in title 9 of this article,
   (2) a holder who is sixteen years of age or older may  hunt  wildlife,
 except big game, as provided in title 9 of this article, [and]
   (3)  a holder who is between the ages of sixteen and eighteen may hunt
 big game pursuant to the provisions of title 9 of this article while the
 holder is accompanied by a parent, guardian or person over  the  age  of
 eighteen as required by section 11-0929 of this article[.
   A] , AND
   (4)  A holder may take fish with a longbow as provided in titles 9 and
 13 this article.
   b. A special antlerless deer license is applicable to the  hunting  of
 wild antlerless deer in a special open season fixed pursuant to subdivi-
 sion 6 of section 11-0903 of this article in a tract within a Wilderness
 Hunting  Area  and  entitles  the  holder  of  a hunting license to hunt
 antlerless deer in such special open season, as provided in title  9  of
 this article if he or she has on his or her person while so hunting both
 his  or  her  hunting  license  and  his  or her special antlerless deer
 license.
   3. A bowhunting privilege when included on a hunting license  entitles
 a holder:
   (1)  who  is between the ages of twelve and sixteen years to hunt wild
 deer and bear with a longbow OR  CROSSBOW  during  the  special  archery
 season  and  during  the  regular season, as provided in title 9 of this
 article, subject to the provisions of section 11-0929 and subdivision  3
 of section 11-0713 of this article;
   (2)  who  is eighteen years of age or older to hunt wild deer and bear
 with a longbow OR CROSSBOW, as provided in title 9 of this article, in a
 special ARCHERY season; and

 S. 2508--B                         120
 
   (3) who is sixteen or seventeen years of  age  to  exercise  the  same
 privileges  subject to the provisions of section 11-0929 and subdivision
 3 of section 11-0713 of this article.
   4.  A  fishing  license  entitles  the holder to take fish by angling,
 spearing, hooking, longbow and tipups, to take frogs by spearing, catch-
 ing with the hands or by use of a club or hook, and to  take  bait  fish
 for personal use, as provided in titles 9 and 13 of this article, except
 that such license shall not entitle the holder to take migratory fish of
 the sea or to take fish from the waters of the marine district.
   5.  A non-resident bear tag entitles a person who has not been a resi-
 dent of the state for more than thirty days who also possesses a hunting
 license to hunt bear during the regular open season therefor  or  in  an
 open season fixed by regulation pursuant to subdivision eight of section
 11-0903  of  this  article.  It  entitles a non-resident holder who also
 possesses a hunting license with bowhunting privilege to hunt bear  with
 a longbow OR CROSSBOW during the open bear season. It entitles a non-re-
 sident  holder  who also possesses a hunting license with muzzle-loading
 privilege to hunt bear with a muzzleloader during the open bear season.
   6. A seven-day fishing license entitles the  holder  to  exercise  the
 privileges of a fishing license for the seven consecutive days specified
 in the license.
   7. A one-day fishing license entitles the holder to exercise the priv-
 ileges of a fishing license on the day specified on the license.
   8. A trapping license entitles the holder to trap beaver, otter, fish-
 er, mink, muskrat, skunk, raccoon, bobcat, coyote, fox, opossum, weasel,
 pine  marten and unprotected wildlife except birds, as provided in title
 11, subject to the provisions of section 11-0713 of this article.
   9. A muzzle-loading privilege when included on a hunting license enti-
 tles a holder who is [fourteen] TWELVE years of age  or  older  to  hunt
 wild deer and bear with a muzzle-loading firearm, as provided in title 9
 of this article, in a special muzzle-loading firearm season.
   §  2.  Paragraph b of subdivision 6 of section 11-0703 of the environ-
 mental conservation law, as amended by section 2 of part R of chapter 58
 of the laws of 2013, is amended to read as follows:
   b. Except as provided in section 11-0707 and section 11-0709  of  this
 title,  no  person  shall  (1) hunt wild deer or bear unless such person
 holds and is entitled to exercise the privileges of a  hunting  license,
 and  meets  the requirements of this article; (2) hunt wild deer or bear
 with a longbow OR CROSSBOW in a special [longbow] ARCHERY season  unless
 such  person holds and is entitled to exercise the privileges of a hunt-
 ing license with a bowhunting privilege and meets  the  requirements  of
 this  article;  or  (3)  hunt  wild  deer  or bear with a muzzle-loading
 firearm in a special muzzle-loading firearm season unless such person is
 at least [fourteen] TWELVE years old and holds a hunting license with  a
 muzzle-loading privilege and meets the requirements of this article.
   §  3.  Subdivision 6 of section 11-0713 of the environmental conserva-
 tion law is REPEALED.
   § 4. Paragraph c of subdivision 3 of section 11-0901 of  the  environ-
 mental  conservation law, as amended by section 19 of part EE of chapter
 55 of the laws of 2014, is amended to read as follows:
   c. Wild small game and wild upland game birds shall be taken  only  by
 longbow,  CROSSBOW or gun, or by the use of raptors as provided in title
 10 of this article, except that:
   (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken
 in any manner not prohibited in this section or in title 11 of the  Fish
 and Wildlife Law; AND

 S. 2508--B                         121
 
   (2)  frogs  may also be taken by spearing, catching with the hands, or
 by the use of a club or hook[; and
   (3) crossbows may be used but only by licensees who are fourteen years
 of age or older].
   § 5. Subparagraph 9 of paragraph b of subdivision 4 of section 11-0901
 of  the environmental conservation law, as added by section 6 of part EE
 of chapter 55 of the laws of 2014, is amended to read as follows:
   (9) with a crossbow unless such crossbow shall consist of  a  bow  and
 string,  either  compound  or  recurve, that launches a minimum fourteen
 inch [bolt] ARROW, not including point, mounted  upon  a  stock  with  a
 trigger  that  holds  the string and limbs under tension until released.
 The trigger unit of such crossbow must have a working safety. [The mini-
 mum limb width of such crossbow shall be seventeen inches,] THE CROSSBOW
 SHALL have a minimum peak draw weight of one hundred pounds [and a maxi-
 mum peak draw weight of two hundred pounds. The] AND THE minimum overall
 length of such crossbow from buttstock to front of limbs shall be  twen-
 ty-four inches.
   § 6. Subparagraph 9 of paragraph c of subdivision 4 of section 11-0901
 of  the environmental conservation law, as added by section 7 of part EE
 of chapter 55 of the laws of 2014, is amended to read as follows:
   (9) with a crossbow unless such crossbow shall consist of  a  bow  and
 string,  either  compound  or  recurve, that launches a minimum fourteen
 inch [bolt] ARROW, not including point, mounted  upon  a  stock  with  a
 trigger  that  holds  the string and limbs under tension until released.
 The trigger unit of such crossbow must have a working safety. [The mini-
 mum limb width of such crossbow shall be seventeen inches,] THE CROSSBOW
 SHALL have a minimum peak draw weight of one hundred pounds [and a maxi-
 mum peak draw weight of two hundred pounds. The] AND THE minimum overall
 length of such crossbow from buttstock to front of limbs shall be  twen-
 ty-four inches.
   §  7. Subdivision 13 of section 11-0901 of the environmental conserva-
 tion law, as amended by section 23 of part R of chapter 58 of  the  laws
 of 2013, is amended to read as follows:
   13.  Persons  engaged  in  hunting  deer and/or bear with a longbow OR
 CROSSBOW must possess a current bowhunting privilege or a valid  certif-
 icate  of  qualification  in  responsible bowhunting practices issued or
 honored by the department.
   § 8. Section 11-0903 of the environmental conservation law is  amended
 by adding a new subdivision 12 to read as follows:
   12.  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF THIS ARTICLE, THE
 DEPARTMENT IS AUTHORIZED TO ADOPT REGULATIONS WHICH AUTHORIZE THE TAKING
 OF WILDLIFE BY THE USE OF CROSSBOW. A  SUMMARY  OF  REGULATIONS  ADOPTED
 PURSUANT TO THIS SUBDIVISION SHALL BE PUBLISHED EACH YEAR IN THE HUNTING
 SYLLABUS ISSUED PURSUANT TO SECTION 11-0323 OF THIS ARTICLE.
   §  9. Subdivision 10 of section 11-0907 of the environmental conserva-
 tion law, as added by section 14 of part EE of chapter 55 of the laws of
 2014, is amended to read as follows:
   10. Notwithstanding any  provision  of  this  chapter,  or  any  prior
 notwithstanding  language  in this article, the department may, by regu-
 lation, authorize the taking of big game by the use of a crossbow by any
 licensed person in any big game season [in any area designated in  items
 (a),  (b), (c), (d), (e), (f), (i), (k) and (l) of paragraph a of subdi-
 vision two of this section in  which  a  shotgun  or  muzzle  loader  is
 permitted provided however, that any crossbow use during an archery-only
 season  shall  only take place during the last fourteen consecutive days
 of such archery-only season in the  southern  zone  provided  that  such

 S. 2508--B                         122

 archery-only  season  shall consist of not less than forty-five days and
 only during the last ten consecutive days of any archery-only season  in
 the  northern  zone provided that such archery-only season shall consist
 of  no  less  than  twenty-three  days.  Any muzzle loading season which
 occurs at the same time as a  special  archery  season  may  only  occur
 during times when crossbows are authorized to be used].
   §  10. Subdivision 1 of section 11-0929 of the environmental conserva-
 tion law, as amended by section 20 of part EE of chapter 55 of the  laws
 of 2014, is amended to read as follows:
   1.  A  licensee  who is twelve or thirteen years of age shall not hunt
 wildlife with a gun, OR A CROSSBOW or a longbow  unless  he  or  she  is
 accompanied by his or her parent or legal guardian, or by a person twen-
 ty-one  years of age or older designated in writing by his or her parent
 or legal guardian on a form prescribed by the department,  who  holds  a
 hunting  license.  [A  licensee  who  is twelve or thirteen years of age
 shall not hunt with a crossbow.]
   § 11. Subparagraph 5 of  paragraph  b  of  subdivision  2  of  section
 11-0929  of  the environmental conservation law is REPEALED and subpara-
 graph 6 of paragraph b of subdivision 2 is renumbered subparagraph 5.
   § 12. Section 11-0933 of the environmental conservation law, as  added
 by  section  22 of part EE of chapter 55 of the laws of 2014, is amended
 to read as follows:
 § 11-0933. Taking small game by crossbow.
   Notwithstanding any provision of this chapter, or any  prior  notwith-
 standing  language  in  this article, the department may, by regulation,
 authorize the taking of small game and wild upland game birds by the use
 of a crossbow by any licensed person [fourteen years of age  or  older],
 in  any  small  game  season[, in any area designated in items (a), (b),
 (c), (d), (e), (f), (i), (k), and (l) of paragraph a of subdivision  two
 of  section 11-0907 of this title in which a shotgun or muzzle loader is
 permitted].
   § 13. Subparagraph (i) of paragraph 4 of subdivision (a) of section 83
 of the state finance law, as amended by section 1 of part AA of  chapter
 58 of the laws of 2015, is amended to read as follows:
   (i)  There is hereby created a special account within the conservation
 fund to be known as the state fish and game trust account to consist  of
 all  moneys  received  by  the  state from the sale of lifetime hunting,
 fishing, and trapping licenses, and lifetime archery and  muzzle-loading
 privileges pursuant to section 11-0702 of the environmental conservation
 law except those moneys deposited in the habitat conservation and access
 account  pursuant  to  section eighty-three-a of this chapter. The state
 comptroller shall invest the moneys in such  account  in  securities  as
 defined  by  section  ninety-eight-a  of  this  article  OR,  WITHIN THE
 DISCRETION OF THE COMPTROLLER TO MAXIMIZE INCOME  FOR  THE  ACCOUNT,  IN
 INVESTMENTS  AUTHORIZED  BY  SECTION  ONE  HUNDRED  SEVENTY-SEVEN OF THE
 RETIREMENT AND SOCIAL SECURITY LAW OR CONSISTENT WITH THE PROVISIONS  OF
 SUBDIVISION  B OF SECTION THIRTEEN OF THE RETIREMENT AND SOCIAL SECURITY
 LAW. Any income earned by the investment of such moneys,  except  income
 transferred  to  the conservation fund pursuant to subparagraph (iii) of
 this paragraph, shall be added to and become a part  of,  and  shall  be
 used for the purposes of such account.
   § 14. This act shall take effect immediately.
 
                                  PART Y

                           Intentionally Omitted

 S. 2508--B                         123
 
                                  PART Z
 
   Section  1. Part UU of chapter 58 of the laws of 2020, authorizing the
 county of Nassau, to permanently and temporarily  convey  certain  ease-
 ments  and to temporarily alienate certain parklands, is amended to read
 as follows:
 
                                  PART UU
 
   Section 1. This act enacts into law components  of  legislation  which
 are  necessary to implement legislation relating to the Bay Park Convey-
 ance Project.  Each component is wholly contained within a Subpart iden-
 tified as Subparts A through C. The effective date for  each  particular
 provision contained within such Subpart is set forth in the last section
 of  such  Subpart.    Any  provision  in  any section contained within a
 Subpart, including the effective date of  the  Subpart,  which  makes  a
 reference  to a section "of this act", when used in connection with that
 particular component, shall be deemed to mean and refer  to  the  corre-
 sponding  section  of the Subpart in which it is found. Section three of
 this act sets forth the general effective date of this act.
 
                                 SUBPART A
 
   Section 1. Subject to the  provisions  of  this  act,  the  county  of
 Nassau,  acting by and through the county legislature of such county, is
 hereby authorized to (a) discontinue permanently the use as parkland the
 subsurface lands described in sections [four, five, seven,  eight,  ten]
 FOUR,  SIX,  SEVEN  and [eleven] TEN of this act and establish permanent
 easements on such lands for  the  purpose  of  constructing,  operating,
 maintaining  and  repairing a subsurface sewer main, and (b) discontinue
 temporarily the use as parkland the lands described in sections  [three,
 six  and  nine]  TWO, FIVE AND EIGHT of this act and establish temporary
 easements on such lands for the purpose  of  constructing  a  subsurface
 sewer  main.  Authorization  for  the  temporary  easements described in
 sections [three, six, and nine] TWO, THREE, FIVE, EIGHT, AND TEN of this
 act shall cease upon the completion of the construction  of  such  sewer
 main,  at  which time the department of environmental conservation shall
 restore the surface of the parklands disturbed and the  parklands  shall
 continue  to  be used for park purposes as they were prior to the estab-
 lishment of such temporary easements. Authorization  for  the  permanent
 easements  described  in  sections [four, five, seven, eight, ten] FOUR,
 SIX, EIGHT and [eleven] TEN of this act shall require that  the  depart-
 ment  of environmental conservation restore the surface of the parklands
 disturbed and the parklands shall continue to be used for park  purposes
 as they were prior to the establishment of the permanent easements.
   [§  2.  The authorization provided in section one of this act shall be
 effective only upon the condition that the county of Nassau dedicate  an
 amount  equal  to or greater than the fair market value of the parklands
 being discontinued to the acquisition of new  parklands  and/or  capital
 improvements to existing park and recreational facilities.]
   §  [3.]  2.  TEMPORARY  EASEMENT - Force main shaft construction area.
 Parkland upon and under which a temporary easement  may  be  established
 pursuant  to  subdivision (b) of section one of this act is described as
 all that certain plot, piece  or  parcel  of  land  with  buildings  and
 improvements  thereon  erected,  situate, lying and being located at Bay
 Park, Town of Hempstead, County of Nassau and State of  New  York  being

 S. 2508--B                         124
 
 more particularly bounded and described as follows: beginning at a point
 on  the northerly line of the Nassau County Sewage Treatment Plant prop-
 erty, said Point of Beginning being South [68°00']  68°06'12"  East,  as
 measured  along  northerly  line  of  said sewage treatment plant, [543]
 535.50 feet plus or minus, from the intersection of the  northerly  line
 Nassau  County  Sewage Treatment Plant with the westerly side of Compton
 Street; running thence South [68°00'] 68°06'12" East, along the norther-
 ly line of said sewage treatment plant, [247] 249.60 feet plus or minus;
 thence South [07°04'] 07°20'58" West [196] 198.58 feet  plus  or  minus;
 thence  North  [78°37']  78°30'32"  West  [33] 35.88 feet plus or minus;
 thence North [06°10'] 06°10'23" East [105] 89.20  feet  plus  or  minus;
 thence  North  [30°53']  33°17'21"  West  [56] 78.28 feet plus or minus;
 thence North [64°27'] 66°13'52" West [190] 173.72 feet  plus  or  minus;
 thence  North  [20°21'] 19°56'50" East [49] 62.50 feet plus or minus, to
 the northerly line of the Nassau County Sewage Treatment Plant,  at  the
 Point of Beginning. Containing within said bounds [19,700] 23,089 square
 feet  plus  or  minus. The above described temporary easement is for the
 construction of a [thirty-foot] FIFTY-FOOT diameter  access  shaft.  The
 location  of  said TEMPORARY access shaft is more particularly described
 in section [four] THREE of this act.  Said parcel being part of property
 designated as Section: 42 Block:  A Lots: 50, 57 on  the  Nassau  County
 Land and Tax Map.
   §  [4.]   3. [PERMANENT] TEMPORARY SUBSURFACE EASEMENT - Access shaft.
 Parkland upon and under which a [permanent] TEMPORARY  easement  may  be
 established  pursuant  to  subdivision (a) of section one of this act is
 described as all that certain plot, piece or parcel of land with  build-
 ings  and improvements thereon erected, situate, lying and being located
 at Bay Park, Town of Hempstead, County of Nassau and State of  New  York
 being  more  particularly  bounded  and described as follows: a circular
 easement with a radius of [15] 25 feet, the center of said circle  being
 the  following  three (3) courses from the intersection of the northerly
 line of the Nassau County Sewage Treatment Plant with the westerly  side
 of Compton Street: [running thence] South [68°00'] 68°06'12" East, along
 the  northerly  line  of  said sewage treatment plant, [581] 573.10 feet
 plus or minus to the centerline of the permanent easement  for  a  force
 main  described  in  section  five  of  this  act; thence South [21°34']
 22°24'56" West, along said centerline, [17] 19.74 feet  plus  or  minus;
 thence  South [14°28'] 22°24'56" West, [continuing] along THE PRODUCTION
 OF said centerline, [1,439] 5.25 feet [plus or minus], to the center  of
 the  herein  described  circular  easement. Containing within said bound
 [707] 1,963 square feet plus or minus.  Said [permanent] TEMPORARY ease-
 ment is for an access shaft that extends from the surface of the  ground
 to  an  approximate depth of 70 feet. Any permanent surface improvements
 for cathodic protection, if necessary, would be flush  with  the  ground
 surface  or  integrated into site landscaping. Said parcel being part of
 property designated as Section: 42 Block: A Lots: 50, 57 on  the  Nassau
 County Land and Tax Map.
   §  [5.]  4.  PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon
 and under which a permanent easement  may  be  established  pursuant  to
 subdivision  (a)  of  section  one  of this act is described as all that
 certain plot, piece or parcel of land with  buildings  and  improvements
 thereon  erected,  situate, lying and being located at Bay Park, Town of
 Hempstead, County of Nassau and State of New York being a  20-foot  wide
 strip  of  land  more  particularly  bounded  and  described as follows:
 [beginning] BEGINNING at a point on the northerly  line  of  the  Nassau
 County  Sewage  Treatment  Plant property, said Point of Beginning being

 S. 2508--B                         125
 
 South [68°00'] 68°06'12" East, as measured along northerly line of  said
 sewage treatment plant, [571] 563.10 feet plus or minus, from the inter-
 section  of the northerly line Nassau County Sewage Treatment Plant with
 the  westerly  side  of  Compton  Street;  running thence South [68°00']
 68°06'12" East, along the northerly line of said sewage treatment plant,
 20.00 feet plus or minus; thence  South  [21°34']  22°24'56"  West  [17]
 19.15  feet  plus or minus; thence South [14°28'] 14°35'11" West [1,463]
 1446.44 feet plus or minus; thence North [75°32'] 75°24'49"  West  20.00
 feet plus or minus; thence North [14°28'] 14°35'11" East [1,464] 1447.81
 feet plus or minus; thence North [21°34'] 22°24'56" East [18] 20.34 feet
 plus  or minus, to the northerly line of the Nassau County Sewage Treat-
 ment Plant, at the Point of Beginning.  Containing  within  said  bounds
 [29,600]  29,337  square feet. The above described permanent easement is
 for the construction and operation of a six-foot diameter force main  at
 a  minimum  depth  of fifteen feet below the ground surface. Said parcel
 being part of property designated as Section: 42 Block: A Lots:  50,  57
 on the Nassau County Land and Tax Map.
   §  [6.]  5.  TEMPORARY  EASEMENT - Force main shaft construction area.
 Parkland upon and under which a temporary easement  may  be  established
 pursuant  to  subdivision (b) of section one of this act is described as
 all that certain plot, piece  or  parcel  of  land  with  buildings  and
 improvements  thereon  erected,  situate, lying and being located at the
 hamlet of Wantagh, Town of Hempstead, County of Nassau and State of  New
 York being more particularly bounded and described as follows: beginning
 at  a  point on the northwesterly line of the herein described temporary
 easement for the force main  shaft  construction  area,  said  Point  of
 Beginning being [more particularly described as commencing at the] NORTH
 44°03'41"  EAST  50.26  FEET PLUS OR MINUS, FROM THE intersection of the
 [southerly side of Sunrise  Highway  Street]  NORTHERLY  LINE  OF  LANDS
 LICENSED TO THE COUNTY OF NASSAU, AS DESCRIBED IN DEED DATED DECEMBER 5,
 1977,  RECORDED ON JANUARY 13, 1978, AT THE NASSAU COUNTY CLERK'S OFFICE
 IN LIBER 9088 OF DEEDS AT PAGE 567, AND AS SHOWN ON MAP ENTITLED DEPART-
 MENT OF PUBLIC WORKS NASSAU COUNTY, N.Y., MAP SHOWING  LANDS  UNDER  THE
 JURISDICTION  OF  THE LONG ISLAND STATE PARK COMMISSION IN WANTAGH STATE
 PARK TO BE LICENSED TO THE COUNTY OF NASSAU FOR  PARK  AND  RECREATIONAL
 PURPOSES  IN THE VICINITY OF WANTAGH, TOWN OF HEMPSTEAD, DATED SEPTEMBER
 1976, AND ON FILE AT THE NEW YORK STATE OFFICE OF PARKS, RECREATION  AND
 HISTORIC PRESERVATION AS MAP NO. 21R-1860-1, with the southeasterly side
 of  Lakeview  Road,  FORMERLY  KNOWN  AS  OLD  MILL ROAD; running thence
 [southerly] along the southeasterly side of Lakeview Road [243 feet plus
 or minus, to the centerline of the], NORTH 44°03'41"  EAST  237.63  FEET
 PLUS  OR  MINUS;  THENCE  SOUTH 50°48'50" EAST 70.10 FEET PLUS OR MINUS;
 THENCE PARTLY THROUGH THE AFOREMENTIONED LANDS LICENSED TO THE COUNTY OF
 NASSAU BY THE STATE OF NEW YORK (LONG  ISLAND  STATE  PARK  COMMISSION),
 SOUTH  43°39'59"  WEST 239.51 FEET; THENCE PARTIALLY THROUGH A permanent
 [subsurface] DRAINAGE easement [for  force  main  described  in  section
 eight  of  this act; thence South 60°06' East, along said centerline, 25
 feet plus or minus, to the northwesterly line of the temporary easement]
 GRANTED FROM THE CITY OF NEW YORK TO THE COUNTY OF NASSAU, AS  SHOWN  ON
 MAP  OF  REAL  PROPERTY  TO  BE  ACQUIRED  for  the  [force  main  shaft
 construction area] IMPROVEMENT OF BELLMORE CREEK FROM WILSON  AVENUE  TO
 LAKEVIEW  ROAD,  FILED  FEBRUARY  8,  1979, AT THE NASSAU COUNTY CLERK'S
 OFFICE AS MAP NO. H-1841, AND ALSO THROUGH THE  AFOREMENTIONED  LICENSED
 LANDS,  NORTH 49°12'28" WEST 71.62 FEET PLUS OR MINUS; TO THE SOUTHEAST-
 ERLY SIDE OF LAKEVIEW ROAD, at the Point of Beginning.  [Running  thence
 North  39°06'  East  111 feet plus or minus; thence South 55°47' East 70

 S. 2508--B                         126

 feet plus or minus; thence South 38°42' West 240  feet  plus  or  minus;
 thence North 54°11' West 72 feet plus or minus; thence North 39°06' East
 127  feet  plus  or minus, to the Point of Beginning.] Containing within
 said  bounds  [16,900]  16,864  square  feet  plus  or  minus. The above
 described temporary easement is for the construction of a  [thirty-foot]
 FORTY-FOUR-FOOT  diameter  PERMANENT  access shaft. The location of said
 PERMANENT access shaft is more particularly described in section [seven]
 SIX of this act.   Said parcel being  part  of  property  designated  as
 Section: 56 Block: Y Lot: 259 on the Nassau County Land and Tax Map.
   §  [7.] 6. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland upon
 and under which a permanent easement  may  be  established  pursuant  to
 subdivision  (a)  of  section  one  of this act is described as all that
 certain plot, piece or parcel of land with  buildings  and  improvements
 thereon  erected, situate, lying and being located at Hamlet of Wantagh,
 Town of Hempstead, County of Nassau and State of  New  York  being  more
 particularly bounded and described as follows: [a circular easement with
 a radius of 15 feet,] BEGINNING AT A POINT ON the [center] of SOUTHEAST-
 ERLY  SIDE OF LAKEVIEW ROAD, said [circle] POINT OF BEGINNING being [the
 following two (2) courses] NORTH 44°03'41"  EAST  170.39  FEET  PLUS  OR
 MINUS,  from the intersection of the [southerly side of Sunrise Highway]
 NORTHERLY LINE OF LANDS LICENSED TO THE COUNTY OF NASSAU,  AS  DESCRIBED
 IN  DEED  DATED  DECEMBER  5, 1977, RECORDED ON JANUARY 13, 1978, AT THE
 NASSAU COUNTY CLERK'S OFFICE IN LIBER 9088 OF DEEDS AT PAGE 567, AND  AS
 SHOWN  ON  MAP  ENTITLED DEPARTMENT OF PUBLIC WORKS NASSAU COUNTY, N.Y.,
 MAP SHOWING LANDS UNDER THE JURISDICTION OF THE LONG ISLAND  STATE  PARK
 COMMISSION  IN WANTAGH STATE PARK TO BE LICENSED TO THE COUNTY OF NASSAU
 FOR PARK AND RECREATIONAL PURPOSES IN THE VICINITY OF WANTAGH,  TOWN  OF
 HEMPSTEAD,  DATED  SEPTEMBER  1976,  AND  ON  FILE AT THE NEW YORK STATE
 OFFICE OF  PARKS,  RECREATION  AND  HISTORIC  PRESERVATION  AS  MAP  NO.
 21R-1860-1,  with the southeasterly side of Lakeview Road[:  Southerly],
 FORMERLY KNOWN AS OLD MILL ROAD; RUNNING THENCE, along the southeasterly
 side of Lakeview Road [243 feet plus or minus, to the centerline of  the
 permanent subsurface easement for force main, described in section eight
 of  this  act;  South  60°06'  East,  along  said centerline, 51], NORTH
 44°03'41" EAST 25.04 feet plus or minus, to the [center  of  the  herein
 described  circular  easement.] BEGINNING OF A NON-TANGENT CURVE; THENCE
 111.59 FEET PLUS OR MINUS ALONG SAID NON-TANGENT CIRCULAR CURVE  TO  THE
 RIGHT  THAT HAS A RADIUS OF 22.00 FEET, SUBTENDS AN ANGLE OF 290°37'31",
 AND HAS A CHORD THAT BEARS SOUTH 44°03'41" WEST 25.04 FEET, TO THE POINT
 OF BEGINNING. Containing within said bounds  a  surface  area  of  [707]
 1,454  square  feet  plus  or  minus.  Said permanent easement is for an
 access shaft that extends from the surface of the ground to an  approxi-
 mate  depth  of  70  feet.   THE PERMANENT EASEMENT ALLOWS VEHICULAR AND
 PERSONNEL ACCESS TO THE SHAFT AND WITHIN THE SHAFT FOR INSPECTION, MAIN-
 TENANCE, REPAIR AND RECONSTRUCTION. Any permanent  surface  improvements
 FOR  A  MANHOLE OR for cathodic protection, if necessary, would be flush
 with the ground surface or integrated into site landscaping. Said parcel
 being part of property designated as Section: 56 Block: Y  Lot:  259  on
 the Nassau County Land and Tax Map.
   §  [8.]  7.  PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon
 and under which a permanent easement  may  be  established  pursuant  to
 subdivision  (a)  of  section  one  of this act is described as all that
 certain plot, piece or parcel of land with  buildings  and  improvements
 thereon  erected,  situate,  lying  and  being  located at the Hamlet of
 Wantagh, Town of Hempstead, County of Nassau and State of New York being
 a 20-foot wide strip of land more particularly bounded and described  as

 S. 2508--B                         127
 
 follows:  [beginning  at  a  point on the southeasterly side of Lakeview
 Road, said Point of Beginning  being  southwesterly  222  feet  plus  or
 minus,  as  measured  along the southeasterly side of Lakeview Road from
 the  intersection  of  the  southerly  side  of Sunrise Highway with the
 southeasterly side of Lakeview Road; thence South 60°06'  East  49  feet
 plus or minus; thence South 32°15' East 1,759 feet plus or minus; thence
 South  16°16' West 53 feet plus or minus; thence North 32°15' West 1,785
 feet plus or minus; thence North 60°06' West 53 feet plus or  minus,  to
 the southeasterly side of Lakeview Road; thence North 48°13' East, along
 the  southeasterly  side of Lakeview Road, 42 feet plus or minus, to the
 Point of Beginning. Containing within said  bounds  72,900  square  feet
 plus  or  minus.] BEGINNING AT THE INTERSECTION OF THE SOUTHERLY SIDE OF
 THE WANTAGH STATE PARKWAY, ALSO BEING THE SAME AS THE SOUTHERLY LINE  OF
 A PERMANENT EASEMENT GRANTED BY THE STATE OF NEW YORK (LONG ISLAND STATE
 PARK  COMMISSION) TO THE TOWN OF HEMPSTEAD FOR HIGHWAY PURPOSES SHOWN AS
 PARCEL E ON MAP NO. 21R-1651, DATED SEPTEMBER 30, 1935 AND  ON  FILE  AT
 THE  NEW  YORK  STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVA-
 TION, WITH THE EASTERLY SIDE OF LINDEN STREET, ALSO BEING  THE  WESTERLY
 SIDE OF WANTAGH STATE PARKWAY; RUNNING THENCE SOUTH 87°54'31" WEST 16.42
 FEET  PLUS OR MINUS, ALONG THE SOUTHERLY SIDE OF THE WANTAGH STATE PARK-
 WAY; THENCE THROUGH THE AFOREMENTIONED EASEMENT,  NORTH  49°40'30"  WEST
 172.07  FEET  PLUS  OR MINUS; THENCE PARTIALLY THROUGH LANDS LICENSED TO
 THE COUNTY OF NASSAU BY THE STATE OF NEW YORK (LONG  ISLAND  STATE  PARK
 COMMISSION),  AS  DESCRIBED  IN DEED DATED DECEMBER 5, 1977, RECORDED ON
 JANUARY 13, 1978, AT THE NASSAU COUNTY CLERK'S OFFICE IN LIBER  9088  OF
 DEEDS  AT  PAGE  567, ALSO AS SHOWN ON MAP ENTITLED DEPARTMENT OF PUBLIC
 WORKS NASSAU COUNTY, N.Y., MAP SHOWING LANDS UNDER THE  JURISDICTION  OF
 THE  LONG  ISLAND  STATE  PARK  COMMISSION  IN  WANTAGH STATE PARK TO BE
 LICENSED TO THE COUNTY OF NASSAU FOR PARK AND RECREATIONAL  PURPOSES  IN
 THE VICINITY OF WANTAGH, TOWN OF HEMPSTEAD, DATED SEPTEMBER 1976, AND ON
 FILE  AT  THE  NEW  YORK  STATE OFFICE OF PARKS, RECREATION AND HISTORIC
 PRESERVATION AS MAP NO.  21R-1860-1, NORTH 32°14'44" WEST 1,935.06 FEET;
 THENCE NORTH 60°00'15" WEST 18.68 FEET PLUS OR MINUS, TO THE  SOUTHEAST-
 ERLY SIDE OF LAKEVIEW ROAD; THENCE ALONG THE SOUTHEASTERLY SIDE OF LAKE-
 VIEW  ROAD,  NORTH 44°03'41" EAST 20.62 FEET PLUS OR MINUS; THENCE SOUTH
 60°00'15" EAST 18.61 FEET PLUS OR MINUS; THENCE  THROUGH  THE  AFOREMEN-
 TIONED  LICENSED LANDS, SOUTH 32°14'44" EAST 1,936.94 FEET; THENCE SOUTH
 49°40'30" EAST 294.48 FEET PLUS OR MINUS, TO THE WESTERLY  SIDE  OF  THE
 WANTAGH  STATE  PARKWAY,  ALSO  BEING  THE  SAME AS THE EASTERLY SIDE OF
 LINDEN STREET; THENCE NORTHWESTERLY  ALONG  THE  WESTERLY  SIDE  OF  THE
 WANTAGH  STATE  PARKWAY,  BEING ALSO THE EASTERLY SIDE OF LINDEN STREET,
 113.74 FEET PLUS OR MINUS ALONG THE ARC OF A NON-TANGENT CURVE,  BEARING
 TO  THE  LEFT,  HAVING  A  RADIUS OF 1,233.00', A CHORD THAT BEARS NORTH
 54°10'34" WEST 113.70 FEET PLUS OR MINUS, TO THE SOUTHERLY SIDE  OF  THE
 WANTAGH  STATE  PARKWAY,  AT  THE POINT OF BEGINNING.  CONTAINING WITHIN
 SAID BOUNDS 43,088 SQUARE FEET PLUS OR MINUS. The above described perma-
 nent easement is for the construction and operation of a six-foot  diam-
 eter  force  main  at  a  minimum depth of fifteen feet below the ground
 surface. Said parcel being part of property designated  as  Section:  56
 Block: Y Lots: 259 on the Nassau County Land and Tax Map.
   §  [9.]  8.  TEMPORARY  EASEMENT - Force main shaft construction area.
 Parkland upon and under which a temporary easement  may  be  established
 pursuant  to  subdivision (b) of section one of this act is described as
 all that certain plot, piece  or  parcel  of  land  with  buildings  and
 improvements  thereon  erected,  situate, lying and being located at the
 hamlet of Wantagh, Town of Hempstead, County of Nassau and State of  New

 S. 2508--B                         128
 
 York  being  more particularly bounded and described as follows: [begin-
 ning] BEGINNING at a point on the northerly line of the herein described
 temporary easement for [the force main shaft] construction [area]  STAG-
 ING,  said  Point  of  Beginning  being  more  particularly described as
 commencing at the intersection of the southerly  side  of  Byron  Street
 with  the  easterly  side of Wantagh Parkway; running thence [southerly]
 SOUTH 02°05'40" EAST, along the easterly side of Wantagh Parkway  [319],
 392.77 feet plus or minus, to the centerline of the permanent subsurface
 easement  for force main, described in section [eleven] TEN of this act;
 thence South [19°15']  19°14'42"  East,  along  said  centerline,  [257]
 166.40  feet plus or minus, to the northerly line of the temporary ease-
 ment for [the force main shaft]  construction  [area]  STAGING,  at  the
 Point  of Beginning. Running thence North [87°25'] 87°24'47" East 122.41
 feet plus or minus; thence [south  33°56']  SOUTH  33°56'04"  East  [68]
 67.89 feet plus or minus; thence South [04°43'] 04°43'16 East [54] 53.69
 feet  plus or minus; thence South [86°38'] 86°37'33 West 78.30 feet plus
 or minus; thence South [02°20'] 02°20'25 East 83.22 feet plus or  minus;
 thence  South  [47°04']  47°03'34" West [103] 102.51 feet plus or minus;
 thence South [86°22'] 86°22'25" West [28]  27.76  feet  plus  or  minus;
 thence  North  [08°39']  07°01'12" West [264] 263.59 feet plus or minus;
 thence North [87°25'] 87°24'47" East [53] 45.17 feet plus or  minus,  to
 the  Point  of  Beginning. Containing within said bounds [36,500] 35,505
 square feet plus or minus. The above described temporary easement is for
 the construction of  a  [thirty-foot]  FORTY-FOUR-FOOT  diameter  access
 shaft.  The location of said TEMPORARY access shaft is more particularly
 described in section ten of this act. Said parcel being part of property
 designated as Section: 63 Block: 261 Lots: 765G,  765H,  818A  (Part  of
 Cedar Creek Park) on the Nassau County Land and Tax Map.
   §  [10.]  9. [PERMANENT] TEMPORARY SUBSURFACE EASEMENT - Access shaft.
 Parkland upon and under which a permanent easement  may  be  established
 pursuant  to  subdivision (a) of section one of this act is described as
 all that certain plot, piece  or  parcel  of  land  with  buildings  and
 improvements thereon erected, situate, lying and being located at Hamlet
 of  Wantagh,  Town  of Hempstead, County of Nassau and State of New York
 being more particularly bounded and described  as  follows:  a  circular
 easement  with a radius of [15] 22 feet, the center of said circle being
 the following two (2) courses from the  intersection  of  the  southerly
 side  of Byron Street with the easterly side of Wantagh Parkway: [South-
 erly] SOUTH 02°05'40" EAST along the easterly side  of  Wantagh  Parkway
 [319],  392.77  feet  plus  or minus, to the centerline of the permanent
 subsurface easement for force main, described in section [eleven] TEN of
 this act; thence South [19°15'] 19°14'42" East, along  said  centerline,
 [315]  224.60  feet plus or minus, to the center of the herein described
 circular easement. Containing within said bounds a surface area of [707]
 1,521 square feet plus or minus. Said [permanent] TEMPORARY easement  is
 for  an  access  shaft that extends from the surface of the ground to an
 approximate depth of 70 feet. Any  permanent  surface  improvements  for
 cathodic  protection,  if  necessary,  would  be  flush  with the ground
 surface or integrated into site landscaping. Said parcel being  part  of
 property  designated  as  Section:  63 Block: 261 Lots: 765G, 765H, 818A
 (Part of Cedar Creek Park) on the Nassau County Land and Tax Map.
   § [11.] 10. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland  upon
 and  under  which  a  permanent  easement may be established pursuant to
 subdivision (a) of section one of this act  is  described  as  all  that
 certain  plot,  piece  or parcel of land with buildings and improvements
 thereon erected, situate, lying and  being  located  at  the  Hamlet  of

 S. 2508--B                         129
 
 Wantagh, Town of Hempstead, County of Nassau and State of New York being
 a  20-foot wide strip of land more particularly bounded and described as
 follows: beginning at a point on the easterly side of THE Wantagh  STATE
 Parkway,  said  Point of Beginning being [southerly 285] SOUTH 02°05'40"
 EAST 358.86 feet plus or minus[, as measured along the easterly side  of
 Wantagh  Parkway]  from  the intersection of the southerly side of Byron
 Street with the easterly side of Wantagh Parkway; running  thence  South
 [19°15']  19°14'42"  East  [349] 258.49 feet plus or minus; thence South
 [02°17'] 02°16'58" East [1,882] 1,725.93  feet  plus  or  minus;  thence
 [South  09°25'  East  1,202]  SOUTHWESTERLY  43.40  feet plus or minus[;
 thence South 80°35'] ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADI-
 US OF 1,075.00 FEET AND A CHORD THAT BEARS SOUTH 25°09'48" West [20 feet
 plus or minus; thence North 09°25' West 1,203] 43.39 feet plus or minus;
 thence North [02°17'] 02°16'58"  West  [1,880]  1,761.45  feet  plus  or
 minus;  thence  North  [19°15'] 19°14'42" West [281] 190.70 feet plus or
 minus, to the easterly side of Wantagh Parkway;  thence  North  [02°09']
 02°05'40"  West,  along the easterly side of Wantagh Parkway, [68] 67.82
 feet plus or minus, to the Point of Beginning.  Containing  within  said
 bounds  [68,000]  39,359  square feet plus or minus. The above described
 permanent easement is for the construction and operation of  a  six-foot
 diameter  force main at a minimum depth of fifteen feet below the ground
 surface. Said parcel being part of property designated  as  Section:  63
 Block:  261  Lots:  765G,  818A (Part of Cedar Creek Park) on the Nassau
 County Land and Tax Map.
   § [12.] 11. Should the lands described in sections [four, five, seven,
 eight, ten] FOUR, SIX, SEVEN and [eleven] TEN of this act  cease  to  be
 used  for  the purposes described in section one of this act, the perma-
 nent easements established pursuant to section one  of  this  act  shall
 cease and such lands shall be restored and dedicated as parklands.
   §  [13.] 12. In the event that the county of Nassau received any fund-
 ing support or assistance from the federal government for the  purchase,
 maintenance,  or  improvement  of  the  parklands  set forth in sections
 [three] TWO through [eleven] TEN of this  act,  the  discontinuance  and
 alienation  of  such  parklands authorized by the provisions of this act
 shall not occur until the county of Nassau has complied with any  appli-
 cable federal requirements pertaining to the alienation or conversion of
 parklands,  including  satisfying the secretary of the interior that the
 alienation or conversion complies with all conditions which  the  secre-
 tary of the interior deems necessary to assure the substitution of other
 lands  shall  be  equivalent  in fair market value and usefulness to the
 lands being alienated or converted.
   § [14.] 13. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section 1. Subject to the provisions of this act, the village of  East
 Rockaway,  in  the  county  of Nassau, acting by and through the village
 board of such village, is hereby authorized to  (a)  discontinue  perma-
 nently  the  use  as parkland the subsurface lands described in sections
 [four] THREE and [five] FOUR of this act and to  grant  permanent  ease-
 ments on such lands to the State of New York or county of Nassau for the
 purpose  of constructing, operating, maintaining and repairing a subsur-
 face sewer main, and (b) discontinue temporarily the use as parkland the
 lands described in section [three] TWO of this act and  grant  temporary
 easements  on  such  lands  to  the  county of Nassau for the purpose of
 constructing a subsurface sewer main.  Authorization for  the  temporary

 S. 2508--B                         130
 
 easement  described  in section [three] TWO of this act shall cease upon
 the completion of the construction of the sewer main, at which time  the
 department  of  environmental  conservation shall restore the surface of
 the  parklands disturbed and the parklands shall continue to be used for
 park purposes as they were prior to the grant of the temporary easement.
 Authorization for the permanent easements described in  sections  [four]
 THREE  and  [five] FOUR of this act shall require that the department of
 environmental  conservation  restore  the  surface  of   the   parklands
 disturbed  and the parklands shall continue to be used for park purposes
 as they were prior to the establishment of the permanent easements.
   [§ 2. The authorization provided in section one of this act  shall  be
 effective  only  upon  the  condition  that the village of East Rockaway
 dedicate an amount equal to or greater than the fair market value of the
 parklands being discontinued to the acquisition of new parklands  and/or
 capital improvements to existing park and recreational facilities.]
   §  [3.]  2.  TEMPORARY  EASEMENT - Force Main Shaft Construction Area.
 Parkland upon and under which a temporary easement may be granted pursu-
 ant to subdivision (b) of section  one  of  this  act  is  described  as
 follows:  all  that certain plot, piece or parcel of land with buildings
 and improvements thereon erected, situate, lying and  being  located  at
 Incorporated Village of East Rockaway, and the Hamlet of Oceanside, Town
 of  Hempstead, County of Nassau and State of New York being more partic-
 ularly bounded and described as follows:   [beginning]  BEGINNING  at  a
 point  on  the  westerly line of the herein described temporary easement
 for the force main shaft construction  area,  said  Point  of  Beginning
 being  more particularly described as commencing at the [intersection of
 the northeasterly side of Long Island  Railroad  right-of-way  with  the
 easterly  side  of Ocean Avenue; running thence North 12°34' East, along
 the easterly side of Ocean Avenue, 92 feet plus or minus, to the  north-
 erly  line] NORTHEAST CORNER of property [designated as Section 38 Block
 E Lot 14, on the] DESCRIBED IN DEED DATED SEPTEMBER 16, 1964  FROM  MARY
 T.  CARETTO  TO  THE  INCORPORATED  VILLAGE  OF  EAST ROCKAWAY, RECORDED
 SEPTEMBER 18, 1964 AT THE Nassau County  [Land  and  Tax  Map;]  CLERK'S
 OFFICE IN LIBER 7317 OF DEEDS AT PAGE 494, RUNNING thence South [74°46']
 76°23'40" East, [partly along said northerly line, 206] ON THE NORTHERLY
 PROPERTY  LINE  PRODUCED,  OF  PROPERTY DESCRIBED IN THE AFORESAID LIBER
 7317 PAGE 494, A DISTANCE OF 53.41 feet plus or minus, to  the  westerly
 line  of  the  HEREIN  DESCRIBED  temporary  easement[,] at the Point of
 Beginning. Running thence North [15°34'] 14°03'08" East [49] 42.21  feet
 plus  or  minus;  thence South [67°33'] 67°25'43" East [238] 237.47 feet
 plus or minus; thence South [07°07'] 04°13'09" West [31] 35.58 feet plus
 or minus; thence South [86°06'] 86°58'21" West [161] 165.83 feet plus or
 minus; thence South [64°59'] 64°59'21" West [117] 106.15 feet  [plus  or
 minus];  thence  North [15°34'] 14°03'08" East [140] 143.63 feet plus or
 minus, to the  Point  of  Beginning.    Containing  within  said  bounds
 [23,000] 23,103 square feet plus or minus. The above described temporary
 easement  is  for  the  construction  of a [thirty-foot] FORTY-FOUR-FOOT
 diameter access shaft. The location of said PERMANENT  access  shaft  is
 more  particularly  described  in section [four] THREE of this act. Said
 parcel being part of property designated as Section: 38, Block: E, Lots:
 12, 14, 21A, 21B on the Nassau County Land and Tax Map.
   § [4.] 3. PERMANENT SUBSURFACE EASEMENT - Access Shaft. Parkland  upon
 and under which a permanent easement may be granted pursuant to subdivi-
 sion  (a)  of  section  one of this act is described as all that certain
 plot, piece or parcel of land with buildings  and  improvements  thereon
 erected,  situate,  lying  and  being located at Incorporated Village of

 S. 2508--B                         131
 
 East Rockaway, and the Hamlet of Oceanside, Town of Hempstead, County of
 Nassau and State  of  New  York  being  more  particularly  bounded  and
 described as follows: a circular easement with a radius of [15] 22 feet,
 the center of said circle being the following [three (3)] TWO (2) cours-
 es from the [intersection of the northeasterly side of Long Island Rail-
 road  right-of-way  with the easterly side of Ocean Avenue; North 12°34'
 East, along the easterly side of Ocean Avenue, 92 feet plus or minus, to
 the northerly line] NORTHEAST CORNER of property [designated as  Section
 38  Block  E  Lot  14 on the] DESCRIBED IN DEED DATED SEPTEMBER 16, 1964
 FROM MARY T. CARETTO TO  THE  INCORPORATED  VILLAGE  OF  EAST  ROCKAWAY,
 RECORDED  SEPTEMBER  18,  1964  AT  THE Nassau County [Land and Tax Map]
 CLERK'S OFFICE IN LIBER 7317  OF  DEEDS  AT  PAGE  494;  South  [74°46']
 76°23'40"  East,  [partly along] ON the [said] northerly PROPERTY line[,
 333] PRODUCED, OF PROPERTY DESCRIBED IN THE AFORESAID  LIBER  7317  PAGE
 494,  A  DISTANCE  OF 185.51 feet plus or minus[,]; to the centerline of
 the PERMANENT subsurface easement for force main, described  in  section
 [five] FOUR of this act; thence [South 19°04' West,] along said EASEMENT
 centerline[,  16]  SOUTH 19°04'18" WEST 22.47 feet plus or minus, to the
 center of the herein described circular easement. Containing within said
 bounds a surface area of [707] 1,521 square feet  plus  or  minus.  Said
 permanent  easement is for an access shaft that extends from the surface
 of the ground to an approximate depth of 70 feet.   THE PERMANENT  EASE-
 MENT  ALLOWS  VEHICULAR AND PERSONNEL ACCESS TO THE SHAFT AND WITHIN THE
 SHAFT FOR INSPECTION, MAINTENANCE, REPAIR AND RECONSTRUCTION. Any perma-
 nent surface improvements FOR A MANHOLE OR for cathodic  protection,  if
 necessary,  would  be  flush  with the ground surface or integrated into
 site landscaping. Said parcel  being  part  of  property  designated  as
 Section:  38, Block: E, Lots: 12, 14, 21A, 21B on the Nassau County Land
 and Tax Map.
   § [5.] 4. PERMANENT SUBSURFACE EASEMENT - Force  Main.  Parkland  upon
 and under which a permanent easement may be granted pursuant to subdivi-
 sion  (a)  of  section  one of this act is described as all that certain
 plot, piece or parcel of land with buildings  and  improvements  thereon
 erected,  situate,  lying  and  being located at Incorporated Village of
 East Rockaway, and the Hamlet of Oceanside, County of Nassau  and  State
 of New York being a 20-foot wide strip of land more particularly bounded
 and  described  as  follows:  [beginning]  BEGINNING  at  a point on the
 westerly line of the herein  described  permanent  subsurface  easement,
 said  Point of Beginning being more particularly described as commencing
 at the [intersection of the northeasterly side of Long  Island  Railroad
 right-of-way  with  the  easterly  side  of Ocean Avenue; running thence
 North 12°34' East, along the easterly side of Ocean Avenue, 92 feet plus
 or minus, to the northerly line] NORTHEAST CORNER  of  property  [desig-
 nated  as  Section  38  Block  E  Lot 14 on the] DESCRIBED IN DEED DATED
 SEPTEMBER 16, 1964 FROM MARY T. CARETTO TO THE INCORPORATED  VILLAGE  OF
 EAST  ROCKAWAY,  RECORDED  SEPTEMBER 18, 1964 AT THE Nassau County [Land
 and Tax Map; thence] CLERK'S OFFICE IN LIBER 7317 OF DEEDS AT PAGE  494;
 RUNNING  THENCE  South  [74°46']  76°23'40"  East, [partly along] ON the
 [said] northerly PROPERTY line[, 323] PRODUCED, OF PROPERTY DESCRIBED IN
 THE AFORESAID LIBER 7317 PAGE 494, A DISTANCE OF  175.47  feet  plus  or
 minus,  to the westerly line of the HEREIN DESCRIBED permanent easement,
 at the Point of Beginning.  Running thence North [19°04'] 19°04'18" East
 [73] 31.11 feet plus or minus, to the [northerly line of property desig-
 nated as Section 38 Block E Lot 21A on the Nassau County  Land  and  Tax
 Map] SOUTHERLY SIDE OF MILL RIVER; thence South [60°10'] 67°42'35" East,
 along [said northerly line] THE SOUTHERLY SIDE OF MILL RIVER, [20] 20.03

 S. 2508--B                         132
 
 feet plus or minus; thence South [19°04'] 19°04'18" West [82] 48.37 feet
 plus  or  minus;  thence  South [15°40'] 15°40'03" East [116] 55.00 feet
 plus or minus, to the [south line] NORTHERLY SIDE  of  [property  desig-
 nated  as  Section  38 Block E Lot 21A on the Nassau County Land and Tax
 Map] MILL RIVER; thence North [88°09'] 84°40'35" West  [21],  ALONG  THE
 NORTHERLY  SIDE  OF  MILL  RIVER, 20.33 feet plus or minus; thence North
 [15°40'] 15°40'03" West [116] 57.60 feet plus  or  minus;  thence  North
 [19°04']  19°04'18"  East [19] 24.64 feet plus or minus, to the Point of
 Beginning. Containing within said bounds [4,100] 2,167 square feet  plus
 or minus. The above described permanent easement is for the construction
 and  operation  of  a six-foot diameter force main at a minimum depth of
 fifteen feet below the ground surface. Said parcel being part of proper-
 ty designated as Section: 38, Block: E, Lots: 12, 14, 21A,  21B  on  the
 Nassau County Land and Tax Map.
   §  [6.]  5.  Should  the  lands described in sections [four] THREE and
 [five] FOUR of this act cease to be used for the purposes  described  in
 section one of this act, the permanent easements established pursuant to
 section one of this act shall cease and such lands shall be restored and
 dedicated as parklands.
   §  [7.] 6. In the event that the village of East Rockaway received any
 funding support or  assistance  from  the  federal  government  for  the
 purchase,  maintenance,  or  improvement  of  the parklands set forth in
 sections [three] TWO through [five] FOUR of this act, the discontinuance
 and alienation of such parklands authorized by the  provisions  of  this
 act shall not occur until the village of East Rockaway has complied with
 any  applicable  federal  requirements  pertaining  to the alienation or
 conversion of parklands, including satisfying the secretary of the inte-
 rior that the alienation or  conversion  complies  with  all  conditions
 which  the  secretary  of  the  interior  deems  necessary to assure the
 substitution of other lands shall be equivalent in fair market value and
 usefulness to the lands being alienated or converted.
   § [8.] 7. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section 1. Subject to the provisions of this act, the village of Rock-
 ville Centre, in the county of Nassau, acting by and through the village
 board of such village, is hereby authorized to  (a)  discontinue  perma-
 nently  the  use  as parkland the subsurface lands described in sections
 [three, four] TWO and [six] FIVE of this  act  and  to  grant  permanent
 easements on such lands to the State of New York or county of Nassau for
 the  purpose  of  constructing,  operating,  maintaining and repairing a
 subsurface sewer main, and (b) discontinue temporarily the use as  park-
 land  the lands described in sections [five] THREE, FOUR and [seven] SIX
 of this act and grant temporary easements on such lands to the county of
 Nassau for the purpose of constructing a subsurface sewer main.  Author-
 ization for the temporary easements described in sections [five]  THREE,
 FOUR  and [seven] SIX of this act shall cease upon the completion of the
 construction of the sewer main, at which time the department of environ-
 mental conservation shall restore the surface of the parklands disturbed
 and the parklands shall continue to be used for park  purposes  as  they
 were  prior  to  the grant of the temporary easements. Authorization for
 the permanent easements described in  sections  [three,  four]  TWO  and
 [six]  FIVE  of  this  act shall require that the department of environ-
 mental conservation restore the surface of the parklands  disturbed  and

 S. 2508--B                         133
 
 the  parklands  shall continue to be used for park purposes as they were
 prior to the establishment of the permanent easements.
   [§  2.  The authorization provided in section one of this act shall be
 effective only upon the condition that the village of  Rockville  Centre
 dedicate an amount equal to or greater than the fair market value of the
 parklands  being discontinued to the acquisition of new parklands and/or
 capital improvements to existing park and recreational facilities.]
   § [3.] 2. PERMANENT SUBSURFACE EASEMENT - Force  Main.  Parkland  upon
 and  under  which  a  permanent  easement may be established pursuant to
 subdivision (a) of section one of this act  is  described  as  all  that
 certain  plot,  piece  or parcel of land with buildings and improvements
 thereon erected,  situate,  lying  and  being  located  at  Incorporated
 Village  of  East  Rockaway,  and  the Incorporated Village of Rockville
 Centre, Town of Hempstead, County of Nassau and State of New York, being
 a 20-foot wide strip of land more particularly bounded and described  as
 follows:  [the] BEGINNING AT A POINT ON THE NORTHERLY SIDE OF MILL RIVER
 AVENUE, SAID Point of Beginning being  [at]  SOUTH  74°20'24"  EAST,  AS
 MEASURED  ALONG THE NORTHERLY SIDE OF MILL RIVER AVENUE, 60.73 FEET PLUS
 OR MINUS FROM the intersection of  the  northerly  side  of  Mill  River
 Avenue  with the easterly side of Riverside Road; running thence [north-
 erly along the easterly side of Riverside Road 346 feet plus  or  minus;
 thence  South  13°01' West 346] NORTH 10°26'55" EAST 461.31 feet plus or
 minus, to the [northerly] SOUTHERLY side  of  [Mill  River]  SOUTH  PARK
 Avenue;  thence [westerly] along the [northerly] SOUTHERLY side of [Mill
 River] SOUTH PARK Avenue, [17] SOUTH 79°11'54" EAST 20.00 FEET  PLUS  OR
 MINUS,  THENCE  SOUTH  10°26'55"  WEST 463.01 feet plus or minus, to the
 [easterly side of Riverside Road,  at]  NORTHERLY  SIDE  OF  MILL  RIVER
 AVENUE,  THENCE  ALONG  THE  NORTHERLY  SIDE OF MILL RIVER AVENUE, NORTH
 74°20'24" WEST 20.08 FEET PLUS OR MINUS,  TO  the  Point  of  Beginning.
 Containing  within  said bounds [3,100] 9,243 square feet plus or minus.
 The above described permanent easement is for the construction and oper-
 ation of a six-foot diameter force main at a minimum  depth  of  fifteen
 feet below the ground surface. Said parcel being part of property desig-
 nated  as Section: 38 Block: 136 Lots: 231 on the Nassau County Land and
 Tax Map.
   § [4.] 3. [PERMANENT] TEMPORARY SUBSURFACE EASEMENT  -  Access  Shaft.
 Parkland  upon  and  under which a [permanent] TEMPORARY easement may be
 established pursuant to subdivision (a) of section one of  this  act  is
 described  as all that certain plot, piece or parcel of land with build-
 ings and improvements thereon erected, situate, lying and being  located
 at  Incorporated  Village  of  Rockville Centre, Incorporated Village of
 East Rockaway, and Incorporated Village of Lynbrook, Town of  Hempstead,
 County  of  Nassau and State of New York being more particularly bounded
 and described as a circular easement with a radius of [15] 22 feet,  the
 center  of  said  circle  being  the  following two (2) courses from the
 intersection of the northerly side of SOUTH Park Avenue with the easter-
 ly side of [Oxford] CHESTER Road: [Easterly] SOUTH 79°24'16" EAST, along
 the northerly side of SOUTH Park  Avenue,  [203]  247.33  feet  plus  or
 minus,  to the centerline of the permanent subsurface easement for force
 main described in  section  [six]  FIVE  of  this  act;  North  [13°01']
 10°26'55"  East, along said centerline, [953] 953.71 feet plus or minus,
 to the center of the herein described  circular  easement.    Containing
 within  said  bounds  a  surface area of [707] 1,521 square feet plus or
 minus. Said [permanent] TEMPORARY easement is for an access  shaft  that
 extends  from  the  surface  of the ground to an approximate depth of 70
 feet. Any permanent surface improvements  for  cathodic  protection,  if

 S. 2508--B                         134
 
 necessary,  would  be  flush  with the ground surface or integrated into
 site landscaping. Said parcel  being  part  of  property  designated  as
 Section:  38  Block:  F  [Lots:  39-42, 50C,] LOT: 50F [and Section: 38,
 Block: T, Lots: 50A, 50B, 50C] on the Nassau County Land and Tax Map.
   §  [5.]  4.  TEMPORARY  EASEMENT - Force Main Shaft Construction Area.
 Parkland upon and under which a temporary easement  may  be  established
 pursuant  to  subdivision (b) of section one of this act is described as
 all that certain plot, piece  or  parcel  of  land  with  buildings  and
 improvements thereon erected, situate, lying and being located at Incor-
 porated Village of Rockville Centre, Incorporated Village of East Rocka-
 way,  and Incorporated Village of Lynbrook, Town of Hempstead, County of
 Nassau and State  of  New  York  being  more  particularly  bounded  and
 described  as follows: Beginning at a point on the southerly side of the
 herein  described  temporary  easement  for  [the  force   main   shaft]
 construction  [area] STAGING, said Point of Beginning being more partic-
 ularly described as commencing at the intersection of the northerly side
 of SOUTH Park Avenue with the easterly side of  [Oxford]  CHESTER  Road;
 running thence [easterly] SOUTH 79°24'16" EAST, along the northerly side
 of SOUTH Park Avenue, [203] 247.33 feet plus or minus, to the centerline
 of the permanent subsurface easement for force main described in section
 [six] FIVE of this act; thence North [13°01'] 10°26'55" East, along said
 centerline,  [920]  920.41  feet plus or minus, to the southerly line of
 the temporary easement, at the Point of Beginning. Running thence  North
 [76°19']  76°19'09" West [136 feet plus or minus, to the easterly termi-
 nus of Merton Avenue (unopened); thence North 76°19' West,  through  the
 unopened  part  of  Merton Avenue, 48] 185.92 feet plus or minus; thence
 North [14°49'] 14°49'03" East [5' feet plus or minus, to  the  northerly
 side  of Merton Avenue; thence North 14°49' East 27'] 31.83 feet plus or
 minus; thence South [76°29'] 76°28'34" East  [66]  65.98  feet  plus  or
 minus;  thence  North  [36°47']  36°46'43"  East [61] 60.84 feet plus or
 minus; thence North [78°41'] 78°41'29" East [145] 145.19  feet  plus  or
 minus;  thence  South  [65°54']  65°54'19"  East [46] 45.62 feet plus or
 minus; thence South [29°39'] 29°38'55" WEST 146.71 FEET PLUS  OR  MINUS;
 THENCE NORTH 76°19'09" West [147 feet plus or minus; thence North 76°19'
 West 42] 40.66 feet plus or minus, to the Point of Beginning. Containing
 within  said bounds [22,800] 22,827 square feet plus or minus. The above
 described temporary easement is for the construction of a  [thirty-foot]
 FORTY-FOUR-FOOT  diameter  access  shaft. The location of said TEMPORARY
 access shaft is more particularly described in section [four]  THREE  of
 this  act.  Said parcel being part of property designated as Section: 38
 Block: F [Lots: 39-42, 50C,] LOT: 50F and [Section: 38, Block: T,  Lots:
 50A,  50B,  50C]  PART  OF MERTON AVENUE (NOT OPEN) on the Nassau County
 Land and Tax Map.
   § [6.] 5. PERMANENT SUBSURFACE EASEMENT - Force  Main.  Parkland  upon
 and  under  which  a  permanent  easement may be established pursuant to
 subdivision (a) of section one of this act  is  described  as  all  that
 certain  plot,  piece  or parcel of land with buildings and improvements
 thereon erected,  situate,  lying  and  being  located  at  Incorporated
 Village  of Rockville Centre, Incorporated Village of East Rockaway, and
 Incorporated Village of Lynbrook, Town of Hempstead,  County  of  Nassau
 and  State  of  New York being a 20-foot wide strip of land more partic-
 ularly bounded and described as follows:   [beginning]  BEGINNING  at  a
 point  on the northerly side of SOUTH Park Avenue, said [Point of Begin-
 ning 193 feet plus or minus easterly, as  measured]  POINT  BEING  SOUTH
 79°24'16"  EAST,  along  the northerly side of SOUTH Park Avenue, 237.33
 FEET PLUS OR MINUS, from the intersection of the northerly side of SOUTH

 S. 2508--B                         135
 
 Park Avenue with the easterly side of  [Oxford]  CHESTER  Road;  running
 thence  North  [13°01']  10°26'55" East [956] 956.35 feet plus or minus;
 thence North [44°00'] 40°12'27" East [446] 464.95 feet plus or minus, to
 the [northeasterly line of property designated as Section 38 Block F Lot
 50F, on the Nassau County Land and Tax Map] WESTERLY SIDE OF MILL RIVER;
 thence  [South  53°10'  East,]  along  [said northeasterly line, 20] THE
 WESTERLY SIDE OF  MILL  RIVER  THE  FOLLOWING  FIVE  (5)  COURSES  SOUTH
 10°54'32"  EAST  4.49 FEET PLUS OR MINUS; SOUTH 08°32'16" WEST 6.44 FEET
 PLUS OR MINUS; SOUTH 17°55'44  WEST  8.24  FEET  PLUS  OR  MINUS;  SOUTH
 10°55'50"  WEST 4.90 FEET PLUS OR MINUS; SOUTH 07°44'20" WEST 14.16 feet
 plus or minus; thence South [44°00'] 40°12'27" West  [443]  427.49  feet
 plus  or  minus;  thence South [13°01'] 10°26'55" West [950] 951.08 feet
 plus or minus[,] to the northerly side  of  SOUTH  Park  Avenue;  thence
 North  [79°36'] 79°24'16" West, along [said] THE northerly side OF SOUTH
 PARK AVENUE, [20] 20.00 feet plus or minus, to the Point of  Beginning[;
 containing].  CONTAINING  within said bounds [28,000] 28,014 square feet
 plus or minus.  The  above  described  permanent  easement  is  for  the
 construction  and operation of a six-foot diameter force main at a mini-
 mum depth of fifteen feet below the ground surface.  Said  parcel  being
 part of property designated as Section: 38 Block: F [Lots:  39-42, 50C,]
 LOT:  50F  and Section: 38, Block: T, [Lots] LOT: 50A[, 50B, 50C] on the
 Nassau County Land and Tax Map.
   § [7.] 6. TEMPORARY EASEMENT - Force  Main  Shaft  Construction  Area.
 Parkland  upon  and  under which a temporary easement may be established
 pursuant to subdivision (b) of section one of this act is  described  as
 all  that  certain  plot,  piece  or  parcel  of land with buildings and
 improvements thereon erected, situate, lying and being located at Incor-
 porated Village of Rockville Centre, Town of Hempstead, County of Nassau
 and State of New York being more particularly bounded and  described  as
 follows:  [beginning]  BEGINNING  at  a  point  on the northerly side of
 Sunrise Highway (New York State Route [27A] 27), said [Point  of  Begin-
 ning]  POINT being distant [254] 82.57 feet [plus or minus] westerly [as
 measured] along the northerly side of Sunrise Highway from  the  [inter-
 section  of]  EXTREME  WESTERLY  AND OF AN ARC OF A CURVE CONNECTING the
 northerly side of Sunrise Highway with the westerly side of NORTH Forest
 Avenue[; running]. RUNNING thence [North 86°15' West,] along the  north-
 erly  side of Sunrise Highway THE FOLLOWING THREE (3) COURSES: SOUTHWES-
 TERLY 250.24 FEET PLUS OR MINUS ALONG THE ARC OF A CURVE BEARING TO  THE
 LEFT  HAVING  A  RADIUS  OF  862.00  FEET  AND  A CHORD THAT BEARS SOUTH
 77°03'07" WEST 249.36 FEET PLUS OR  MINUS,  [175  feet  plus  or  minus;
 thence]  South  [68°26'] 68°43'30" West[, continuing along the northerly
 side of Sunrise Highway, 111] 161.85 FEET PLUS OR  MINUS;  SOUTHWESTERLY
 20.44  FEET  PLUS OR MINUS ALONG THE ARC OF A CURVE BEARING TO THE RIGHT
 HAVING A RADIUS OF 592.00 FEET AND A CHORD THAT  BEARS  SOUTH  69°00'05"
 WEST  20.44  feet  plus  or  minus; thence North [14°47'] 14°30'46" West
 [162] 215.45 feet plus or minus, to the southerly  side  of  [the]  Long
 Island  Rail  Road [right-of-way]; thence [South 86°59' East,] along the
 southerly side of the Long Island Rail Road, [479] SOUTH 87°41'41"  EAST
 469.93  feet  plus  or  minus; thence South [01°59'] 02°13'26" West [75]
 67.80 feet plus or minus, to the northerly side of  [the  travelled  way
 of]  Sunrise  Highway,  [then  160 feet plus or minus along the arc or a
 circular curve to the left that has a radius of 850  feet  and  a  chord
 that  bears South 80°03' West 160 feet plus or minus to] AT the Point of
 Beginning.  Containing within said bounds [50,300]  57,506  square  feet
 plus  or  minus. The above described temporary easement is necessary for
 the construction of temporary access to the aqueduct below Sunrise High-

 S. 2508--B                         136
 
 way area. Said parcel being part of property designated as  Section:  38
 Block: 291 Lot: 17 on the Nassau County Land and Tax Map.
   § [8.] 7. Should the lands described in sections [three, four] TWO and
 [six]  FIVE  of  this act cease to be used for the purposes described in
 section one of this act, the permanent easements established pursuant to
 section one of this act shall cease and such lands shall be restored and
 dedicated as parklands.
   § [9.] 8. In the event that the village of Rockville  Centre  received
 any  funding  support  or assistance from the federal government for the
 purchase, maintenance, or improvement of  the  parklands  set  forth  in
 sections [three] TWO through [seven] SIX of this act, the discontinuance
 and  alienation  of  such parklands authorized by the provisions of this
 act shall not occur until the village of Rockville Centre  has  complied
 with any applicable federal requirements pertaining to the alienation or
 conversion of parklands, including satisfying the secretary of the inte-
 rior  that  the  alienation  or  conversion complies with all conditions
 which the secretary of  the  interior  deems  necessary  to  assure  the
 substitution of other lands shall be equivalent in fair market value and
 usefulness to the lands being alienated or converted.
   § [10.] 9. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section, subpart or part of this act shall be adjudged by a court
 of competent jurisdiction to be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation to the clause, sentence, paragraph, subdivision, section,
 subpart or part thereof directly involved in the  controversy  in  which
 such  judgment shall have been rendered. It is hereby declared to be the
 intent of the legislature that this act would have been enacted even  if
 such invalid provisions had not been included herein.
   §  3.  This act shall take effect immediately, provided, however, that
 the applicable effective date of Subparts A through C of this act  shall
 be as specifically set forth in the last section of such Subparts.
   § 2. This act shall take effect immediately.
 
                                  PART AA
 
   Section  1.  Subparagraph  (i)  of  paragraph  3 of subdivision (a) of
 section 21 of the tax law, as amended by section 17 of part BB of  chap-
 ter 56 of the laws of 2015, is amended to read as follows:
   (i)  The  tangible  property  credit  component  shall be equal to the
 applicable percentage of the cost or other basis for federal income  tax
 purposes  of  tangible  personal  property  and other tangible property,
 including  buildings  and  structural  components  of  buildings,  which
 constitute qualified tangible property and may include any related party
 service  fee  paid; provided that in determining the cost or other basis
 of such property, the taxpayer shall exclude the acquisition cost of any
 item of property with respect to which a credit under this  section  was
 allowable  to  another  taxpayer.  A  related party service fee shall be
 allowed only in the calculation of the tangible property  credit  compo-
 nent and shall not be allowed in the calculation of the site preparation
 credit  component  or  the on-site groundwater remediation credit compo-
 nent. The portion of the tangible property  credit  component  which  is
 attributable  to  related  party  service  fees shall be allowed only as
 follows: (A) in the taxable year in which the qualified tangible proper-
 ty described in subparagraph  (iii)  of  this  paragraph  is  placed  in
 service,  for  that portion of the related party service fees which have

 S. 2508--B                         137

 been earned and actually paid to the related party on or before the last
 day of such taxable year; and (B) with respect to any other taxable year
 for which the tangible property credit component may  be  claimed  under
 this  subparagraph  and  in  which  the amount of any additional related
 party service fees are actually paid by  the  taxpayer  to  the  related
 party,  the  tangible property credit component for such amount shall be
 allowed in such taxable year. The credit component amount so  determined
 shall  be  allowed for the taxable year in which such qualified tangible
 property is first placed in service on a qualified site with respect  to
 which  a  certificate  of completion has been issued to the taxpayer, or
 for the taxable year in which the certificate of completion is issued if
 the qualified tangible property is placed in service prior to the  issu-
 ance  of the certificate of completion. This credit component shall only
 be allowed for up to one hundred twenty months after  the  date  of  the
 issuance  of such certificate of completion, PROVIDED, HOWEVER, THAT FOR
 QUALIFIED SITES TO WHICH A CERTIFICATE OF COMPLETION  IS  ISSUED  ON  OR
 AFTER MARCH TWENTIETH, TWO THOUSAND TEN, BUT PRIOR TO JANUARY FIRST, TWO
 THOUSAND  TWELVE,  THE  CREDIT  COMPONENT SHALL BE ALLOWED FOR UP TO ONE
 HUNDRED FORTY-FOUR MONTHS AFTER THE DATE OF SUCH ISSUANCE.
   § 2. This act shall take effect immediately.
 
                                  PART BB
 
   Section 1. Notwithstanding the contrary provisions of  section  9-0501
 of the environmental conservation law and the contrary provisions of the
 public  lands  law,  the  department  of  environmental  conservation is
 authorized to grant easements for buried cables on real property  within
 the  Farmersville State Forest, Lost Nation State Forest, and Swift Hill
 State Forest, which meet the following conditions:
   (a) The easements are for buried electric cables which are part  of  a
 wind  powered  electric generation project located in the towns of Rush-
 ford, Farmersville, Arcade, Centerville, Freedom, and Machias.
   (b) The easements are for a portion of the  property  within  Farmers-
 ville  State  Forest,  Lost  Nation  State  Forest, and Swift Hill State
 Forest owned by the state and managed by the department of environmental
 conservation. The buried cables shall be:
   (1) located underground for approximately 500  feet  between  turbines
 101  and  102  (which  are  sited  on private land), and passing below a
 section of Farmersville State Forest in Cattaraugus County;
   (2) located underground for approximately 1,600 feet on the south side
 of Hess Road along the Farmersville State Forest boundary in Cattaraugus
 County, turning southwest to follow an existing track for  approximately
 420  feet,  and  continuing  west along the northern parcel boundary for
 approximately 1,300 feet to the property line, to connect  turbines  100
 and 104 (both sited on private land);
   (3)  located  underground  for approximately 2,950 feet along the west
 side of North Hill Road in Lost Nation State Forest in  Allegany  County
 to  connect  turbines  73, 75, 76, and 77 (all sited on private land) to
 the rest of the project; and
   (4) located underground for approximately 1,150 feet on the east  side
 of  Rushford  Road, along the western edge of Swift Hill State Forest in
 Allegany County to connect turbines 124 and 125 (both sited  on  private
 land) to the rest of the project.
   (c)  The easements will be conveyed by the department of environmental
 conservation and take effect only in the event  the  underground  cables
 proposed to be on such easement lands are certified and approved as part

 S. 2508--B                         138
 
 of a wind powered electric generation facility pursuant to article 10 of
 the public service law.
   (d)  The  easements  shall  terminate when the associated wind powered
 electric generation project ceases to operate for 18 months as set forth
 in the easements and the easements shall then revert to the state to  be
 managed  by the department of environmental conservation as state forest
 land.
   (e) The use of chemicals/herbicides for  clearing  said  easements  is
 prohibited  unless prior approval for the same is granted by the depart-
 ment of environmental conservation, division of lands and forests.
   § 2. (a) In entering into the easements described in  section  one  of
 this  act, the department of environmental conservation is authorized to
 grant such easements for fair market value plus twenty  percent  of  the
 value  of  the easements plus one hundred thousand dollars upon applica-
 tion by Alle-Catt Wind Energy LLC.
   (b) An amount, not less than fair market value plus twenty percent  of
 the  value  of  the easements plus one hundred thousand dollars shall be
 used to obtain for the state an interest in real property for open space
 purposes in region 9 of the  department  of  environmental  conservation
 from  the  regional  priority  conservation projects list in region 9 as
 part of this state's open space conservation plan. The total payment for
 such acquisition or acquisitions shall not be less than the value of the
 easements to be conveyed by the state plus twenty percent of  the  value
 of such easements plus one hundred thousand dollars.
   (c)  Any  monies received by the department of environmental conserva-
 tion from Alle-Catt Wind Energy LLC in consideration of these  easements
 shall  be  deposited  into  the  state environmental protection fund, as
 established in section 92-s of the state finance law, until such time as
 they can be used towards the purchase of the real  property  as  contem-
 plated in subdivision (b) of this section.
   (d) The description of the easements to be conveyed by this act is not
 intended  to  be  a  legal  description, but is intended to identify the
 easements to be conveyed. As a condition of  conveyance  Alle-Catt  Wind
 Energy  LLC  shall submit to the commissioner of environmental conserva-
 tion for his or her approval an accurate survey and description of lands
 generally described in this section which may be used in the  conveyance
 thereof.
   (e)  The  grant  of  the  easements  is conditioned on the issuance of
 certificates of environmental compatibility and public need pursuant  to
 the provisions of article 10 of the public service law.
   (f)  Compensation  for the stumpage value of trees to be felled by the
 entity shall be deposited in the same manner as in  subdivision  (b)  of
 this  section  with the felled trees to become the property of Invenergy
 LLC. Stumpage value is to be determined by the  department  of  environ-
 mental  conservation  forester  based  on  the most recent department of
 environmental conservation stumpage price report at the time  the  trees
 are felled.
   §  3.  The  commissioner  of  environmental conservation may prescribe
 additional terms for such exchange of real property. Such contract shall
 not become binding upon the state until  approved  by  the  state  comp-
 troller. Title to the land to the people of the state of New York pursu-
 ant to the provisions of such contract shall be approved by the attorney
 general, and the deed to the state shall be approved by him or her as to
 form and manner of execution and recordability before such deed shall be
 accepted on behalf of the state. Notwithstanding the contrary provisions
 of  the  public  lands  law, the conveyance of the state-owned easements

 S. 2508--B                         139
 
 pursuant to such contract shall be  without  reservation  or  exception,
 except  as  provided  for  in  such  contract. Upon certification by the
 commissioner of environmental conservation to the commissioner of gener-
 al  services of a copy of the contract, and certification that Alle-Catt
 Wind Energy LLC has complied  with  all  terms  and  conditions  of  the
 contract  upon  their  part  to  be  kept and performed, together with a
 description of any of the easements to  be  exchanged,  conveyed  and/or
 payments  to  be made, the commissioner of general services shall convey
 the easements described in section one of this act  in  accordance  with
 the provisions of the contract.
   §  4.  This act shall take effect immediately, and shall expire and be
 deemed repealed five years after such date;  provided,  however,  should
 the  easements  be  granted within the five years, the term of the ease-
 ments will establish the end date of the easements.  At  such  time  the
 land  will  revert  back  to  the  state  of  New  York for state forest
 purposes.
 
                                  PART CC
 
   Section 1. Section 12 of part F of chapter 58  of  the  laws  of  2013
 amending  the  environmental  conservation law and the state finance law
 relating to the "Cleaner, Greener NY Act of 2013", as amended by chapter
 65 of the laws of 2019, is amended to read as follows:
   § 12. This act shall take effect immediately and shall  be  deemed  to
 have  been  in  full  force  and  effect  on  and  after April 1, 2013[;
 provided, however, that the amendments to  subdivision  5-a  of  section
 27-1015  of the environmental conservation law, as added by section nine
 of this act, shall expire and be deemed repealed on April 1, 2021].
   § 2. This act shall take effect immediately.

                                  PART DD
 
   Section 1. This act shall be known and  may  be  cited  as  the  "rail
 advantaged housing act".
   §  2.  Legislative  findings and statement of purpose. The legislature
 hereby finds, determines and declares:
   (a) Chapter 106 of the laws of 2019 enacted the New York state climate
 leadership  and  community  protection  act  (the  "CLCPA").  The  CLCPA
 directed  the  department  of  environmental conservation to establish a
 statewide greenhouse gas emissions limit for 2030 equal to 60%  of  1990
 emissions, and a statewide greenhouse gas emissions limit for 2050 equal
 to 15% of 1990 emissions (the "CLCPA limits").
   (b)  Transportation  currently  accounts for 36% of the greenhouse gas
 emissions in New York. New York has an obligation to  reduce  greenhouse
 gas emissions in every sector, including transportation.
   (c) The CLCPA recognizes the need to encourage and facilitate land use
 and  transportation  planning  strategies to reduce greenhouse gas emis-
 sions from the transportation sector.
   (d) In 1946, the legislature declared a housing emergency in New  York
 City.  The  emergency  has  continued  through  the present day. Housing
 production throughout the New  York  City  metropolitan  area  has  been
 insufficient to address this emergency for decades.
   (e)  Creating  housing  in  close  proximity to commuter rail stations
 promotes both the goals of the CLCPA and helps to  address  the  housing
 emergency in New York City.

 S. 2508--B                         140
 
   (f)  A  public policy purpose would be served and the interests of the
 people of the state would  be  advanced  by  expediting  the  regulatory
 review of local zoning changes that will lead to the production of hous-
 ing in close proximity to commuter rail stations.
   § 3. Definitions.
   (a) ["Commissioner"] "SECRETARY" shall mean the [commissioner of envi-
 ronmental  conservation or the commissioner's] SECRETARY OF STATE OR THE
 SECRETARY'S designee.
   (b) "Commuter rail station" shall mean a rail station,  other  than  a
 rail  station  located  in  New  York City, on any rail line operated by
 either the Long Island Rail Road or the Metro-North Railroad.
   (c) "Commuter rail station area" shall mean the area  within  one-half
 mile of any commuter rail station.
   (d)  "Incremental parking decrease" shall mean, with respect to a rail
 advantaged housing rezoning proposal, the percentage decrease in public-
 ly accessible vehicle parking proximate to a commuter rail station  that
 such rezoning proposal would cause, if effective.
   (e)  "Incremental  population  increase" shall mean, with respect to a
 rail advantaged housing rezoning proposal, the percentage by  which  the
 population  of  a  local  jurisdiction including the property subject to
 such rezoning proposal would increase if:  (1)  such  rezoning  proposal
 were  to  become effective; (2) all of the housing permitted to be built
 as a result of such rezoning proposal were to be built; and (3)  all  of
 such housing were to be fully occupied.
   (f) "Local jurisdiction" shall mean any city, county, town, village or
 other political subdivision of the state.
   (g)  "Local  agency  zoning  mitigation account" shall mean an account
 established by a local agency solely for the purpose of mitigating envi-
 ronmental impacts due to any rezoning.
   (h) "Local agency" means any governing body of a local jurisdiction.
   (i) "Rail advantaged housing" shall mean any  housing  or  residential
 building located within one-half mile of a commuter rail station.
   (j)  "Rail  advantaged  housing  envelope" shall mean the total square
 feet of residential space permitted to  be  built  in  a  commuter  rail
 station  area  under  the zoning regulations applicable to such commuter
 rail station area.
   (k) "Rail advantaged housing rezoning proposal" shall mean a  proposal
 for rezoning which, if effective, (1) would increase the rail advantaged
 housing  envelope  in  the area proposed for rezoning, and (2) would not
 affect zoning regulations applicable outside  a  commuter  rail  station
 area.
   (l)  "Rezoning"  shall  mean an action undertaken by a local agency to
 modify zoning regulations.
   (m) "Rezoning entity" shall mean a local agency authorized  to  modify
 zoning regulations.
   § 4. Uniform standards and conditions.
   (a)  The  [commissioner]  SECRETARY  shall  establish a set of uniform
 standards and conditions for rail advantaged housing rezoning  proposals
 that  are  common  for all rail advantaged housing rezoning proposals or
 for particular classes and categories of rail advantaged housing  rezon-
 ing proposals.
   (b)  The  uniform standards and conditions established under paragraph
 (a) of this section shall include:
   1. A standard establishing a maximum incremental  population  increase
 the  exceedance  of which by a rail advantaged housing rezoning proposal

 S. 2508--B                         141

 would cause such rezoning proposal to be deemed to have an environmental
 impact;
   2.  A standard establishing a maximum incremental parking decrease the
 exceedance of which by a rail advantaged housing rezoning proposal would
 cause such rezoning proposal to  be  deemed  to  have  an  environmental
 impact;
   3.  A  formula to determine, by reference to any, all, or any combina-
 tion of the following factors, the amount which,  if  paid  to  a  local
 agency  zoning  mitigation account, would mitigate the impact of housing
 construction on the quality of a jurisdiction's  environment  and  on  a
 local  agency's ability to provide essential public services: such local
 agency's expenses for public education; such local agency's expenses for
 maintenance and improvement of roads, bicycle paths, pedestrian walkways
 and parks; such local agency's expenses to provide drinking water and to
 manage water quality; and other factors determined by the [commissioner]
 SECRETARY to be relevant; and
   4. Any other standards and conditions determined by the [commissioner]
 SECRETARY.
   § 5. Expedited zoning review.    Whenever  a  county  legislature  has
 adopted  a  local  law  to  permit rail advantaged housing as defined in
 section three of this act, the uniform standards established pursuant to
 section four of this act shall apply to such project if the  project  is
 approved.  Approval  by  a  rezoning entity of a rail advantaged housing
 rezoning proposal is contingent upon the approval of the chief executive
 officer of any town, village or city and shall be deemed to not  have  a
 significant  effect  on the environment under subparagraph (ii) of para-
 graph (c) of subdivision  2  of  section  8-0113  of  the  environmental
 conservation law if prior to such approval:
   (a)  the  chief  executive  officer of any town, village or city which
 includes property subject to such rezoning has certified that such  rail
 advantaged housing rezoning proposal:
   1.  does not exceed the population increase standard established under
 paragraph 1 of subdivision (b) of section four of this act;
   2. does not exceed the parking  decrease  standard  established  under
 paragraph 2 of subdivision (b) of section four of this act;
   3. requires that any person who builds housing pursuant to such rezon-
 ing  proposal  must  pay  to  any applicable local agency's local agency
 rezoning mitigation account an amount not less than  the  amount  deter-
 mined  in  accordance  with the formula established under paragraph 3 of
 subdivision (b) of section four of this act to be sufficient to mitigate
 any impacts caused by such housing; and
   (b) such rezoning entity has conducted at least one public hearing  on
 such rail advantaged rezoning proposal.
   § 6. This act shall take effect immediately.
 
                                  PART EE
 
   Section 1. Subdivisions 4 and 5 of section 1902 of the public authori-
 ties law, as added by section 6 of part JJJ of chapter 58 of the laws of
 2020, are amended to read as follows:
   4.  Undertake  all work and secure such permits as the authority deems
 necessary or convenient to facilitate the process of establishing build-
 ready sites and for the transfer of the build-ready sites to  developers
 selected  pursuant  to  a  publicly noticed, competitive bidding process
 authorized by law, PROVIDED THAT ANY CONSTRUCTION,  EXCAVATION,  DEMOLI-
 TION,  REHABILITATION,  RENOVATION,  ALTERATION,  IMPROVEMENT, REPAIR OR

 S. 2508--B                         142
 
 REMEDIATION SITE WORK PERFORMED BY  THE  AUTHORITY  OR  A  THIRD  PARTY,
 INCLUDING  BUT  NOT  LIMITED TO A SINGLE PURPOSE PROJECT HOLDING COMPANY
 ESTABLISHED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, ACTING ON  ITS
 BEHALF,  SHALL  BE CONSIDERED PUBLIC WORK AND SUBJECT TO ALL SECTIONS OF
 ARTICLE EIGHT OF THE LABOR LAW, INCLUDING BUT NOT LIMITED TO SECTION TWO
 HUNDRED TWENTY;
   5. Notwithstanding title five-A of article nine of  this  chapter,  OR
 ANY  LAW  TO  THE  CONTRARY,  establish a build-ready program, including
 eligibility and other criteria, pursuant to which the  authority  would,
 through  a competitive and transparent bidding process, AND USING SINGLE
 PURPOSE PROJECT HOLDING COMPANIES ESTABLISHED BY OR  ON  BEHALF  OF  THE
 AUTHORITY  AND  HAVING  NO SEPARATE AND INDEPENDENT OPERATIONAL CONTROL,
 ACQUIRE, SELL AND transfer rights and  other  interests  in  build-ready
 sites and development rights to developers for the purpose of facilitat-
 ing  the  development of renewable energy facilities on such build-ready
 sites. Such transactions may include the transfer of  rights,  interests
 and  obligations  existing under agreements providing for host community
 benefits negotiated by the authority pursuant  to  programs  established
 pursuant to subdivision six of this section on such terms and conditions
 as the authority deems appropriate;
   §  2.  This  act shall take effect immediately; provided however, that
 the amendments to section 1902 of the public  authorities  law  made  by
 section  one of this act shall not affect the repeal of such section and
 shall be deemed repealed therewith.
 
                                  PART FF
 
   Section 1. Subdivision (p) of section 406 of chapter 166 of  the  laws
 of  1991,  amending  the  tax  law  and other laws relating to taxes, as
 amended by section 12 of part A of chapter 55 of the laws  of  2020,  is
 amended to read as follows:
   (p) The amendments to section 1809 of the vehicle and traffic law made
 by sections three hundred thirty-seven and three hundred thirty-eight of
 this  act  shall not apply to any offense committed prior to such effec-
 tive date; provided, further, that section three  hundred  forty-one  of
 this act shall take effect immediately and shall expire November 1, 1993
 at  which  time  it  shall  be  deemed  repealed; sections three hundred
 forty-five and three hundred forty-six of this  act  shall  take  effect
 July  1,  1991;  sections three hundred fifty-five, three hundred fifty-
 six, three hundred fifty-seven and three hundred fifty-nine of this  act
 shall  take  effect immediately and shall expire June 30, 1995 and shall
 revert to and be read as if this act had not been enacted; section three
 hundred fifty-eight of this act shall take effect immediately and  shall
 expire  June 30, 1998 and shall revert to and be read as if this act had
 not been enacted; section three hundred sixty-four through three hundred
 sixty-seven of this act shall apply to claims filed  on  or  after  such
 effective  date; sections three hundred sixty-nine, three hundred seven-
 ty-two, three hundred seventy-three, three hundred  seventy-four,  three
 hundred  seventy-five  and  three  hundred seventy-six of this act shall
 remain in effect until September 1, [2021]  2022,  at  which  time  they
 shall   be  deemed  repealed;  provided,  however,  that  the  mandatory
 surcharge provided in section three hundred  seventy-four  of  this  act
 shall  apply  to parking violations occurring on or after said effective
 date; and provided further that the amendments made to  section  235  of
 the vehicle and traffic law by section three hundred seventy-two of this
 act,  the amendments made to section 1809 of the vehicle and traffic law

 S. 2508--B                         143
 
 by sections three hundred thirty-seven and three hundred thirty-eight of
 this act and the amendments made to section 215-a of the  labor  law  by
 section three hundred seventy-five of this act shall expire on September
 1,  [2021]  2022  and upon such date the provisions of such subdivisions
 and sections shall revert to and be read as if the  provisions  of  this
 act  had  not  been  enacted;  the amendments to subdivisions 2 and 3 of
 section 400.05 of the penal law made by sections three hundred  seventy-
 seven  and  three hundred seventy-eight of this act shall expire on July
 1, 1992 and upon such date the provisions  of  such  subdivisions  shall
 revert  and  shall be read as if the provisions of this act had not been
 enacted; the state board of law examiners shall take such action  as  is
 necessary to assure that all applicants for examination for admission to
 practice  as  an  attorney and counsellor at law shall pay the increased
 examination fee provided for by the amendment made to section 465 of the
 judiciary law by section three hundred eighty of this act for any  exam-
 ination given on or after the effective date of this act notwithstanding
 that an applicant for such examination may have prepaid a lesser fee for
 such examination as required by the provisions of such section 465 as of
 the  date  prior  to  the  effective date of this act; the provisions of
 section 306-a of the civil practice law and rules as  added  by  section
 three  hundred eighty-one of this act shall apply to all actions pending
 on or commenced on or after September 1, 1991, provided,  however,  that
 for  the  purposes of this section service of such summons made prior to
 such date shall be deemed to have been completed on September  1,  1991;
 the  provisions  of section three hundred eighty-three of this act shall
 apply to all money deposited  in  connection  with  a  cash  bail  or  a
 partially  secured  bail  bond  on or after such effective date; and the
 provisions of sections  three  hundred  eighty-four  and  three  hundred
 eighty-five  of  this  act  shall  apply  only to jury service commenced
 during a judicial term beginning on or after the effective date of  this
 act; provided, however, that nothing contained herein shall be deemed to
 affect  the  application,  qualification,  expiration  or  repeal of any
 provision of law amended by any section of this act and such  provisions
 shall  be  applied or qualified or shall expire or be deemed repealed in
 the same manner, to the same extent and on the same date as the case may
 be as otherwise provided by law;
   § 2. Subdivision 8 of section 1809 of the vehicle and traffic law,  as
 amended  by  section  13 of part A of chapter 55 of the laws of 2020, is
 amended to read as follows:
   8. The provisions of this section shall only apply to offenses commit-
 ted on or before September first, two thousand [twenty-one] TWENTY-TWO.
   § 3. This act shall take effect immediately.
 
                                  PART GG
 
   Section 1. Intentionally omitted.
   § 1-a. Legislative findings.  The  Legislature  finds  that  automated
 vehicle technology offers widely anticipated and revolutionary potential
 for  the  transportation  sector.  Among the unprecedented opportunities
 offered by this technology are inclusive  mobility  options  to  benefit
 disadvantaged,  disabled and elderly residents; congestion and emissions
 mitigation; improved livable land use, and better road  usage.  Further,
 the  legislature  has  amended section 2 of part FF of chapter 55 of the
 laws of 2017, relating to motor vehicles equipped with autonomous  vehi-
 cle  technology,  as amended by section 2 of part H of chapter 58 of the
 laws of 2018, as amended by section 1 of part M of  chapter  58  of  the

 S. 2508--B                         144
 
 laws  of  2019,  to  allow for a two-year testing program for automobile
 manufacturers and technology leaders to test and  demonstrate  automated
 vehicle technology in New York, which will expire and be deemed repealed
 April  1,  2021.  Consequently,  the  legislature  finds that there is a
 pressing need for policymakers to study automated vehicle technology and
 formulate comprehensive laws and regulations  to  ensure  the  state  is
 prepared for the safe deployment of automobiles equipped with this tech-
 nology  and to help prepare the state for a future where automated vehi-
 cle technology plays a role in shaping our roadways, economy,  education
 system, and society.
   To  this  end,  it is in the public interest to establish an automated
 vehicle task force to study, evaluate and develop recommendations relat-
 ing to specific actionable measures that address how  automated  vehicle
 technology  will  transform  the  state's  roadways,  economy, education
 system, and society.
   § 1-b. Automated vehicle task force. The New York task force on  auto-
 mated  vehicle  technology is hereby established to study and assess the
 future of automated vehicle technology. For purposes of this act, "auto-
 mated vehicle" shall mean a motor vehicle that  has  the  capability  to
 drive  the  vehicle  without the active control or monitoring of a human
 operator including any automation level at or above SAE J3016  level  3.
 Such  task  force  shall  consist of seventeen members with demonstrated
 expertise in issues relating to the work of the task force. The  members
 of the task force shall be appointed as follows:
   (a)  five  members  shall  be appointed by the governor, such members'
 expertise shall encompass, but not be limited to, the areas of transpor-
 tation, research and development, education, education for or  assisting
 people with disabilities; one of these members shall be the commissioner
 of  the  department  of motor vehicles and shall serve as chairperson of
 the task force; and one member shall be the commissioner of the  depart-
 ment of transportation and shall serve as vice chair;
   (b)  four members shall be appointed by the temporary president of the
 senate, one of whom shall be appointed from an association  representing
 the  manufacturers  of  the majority of new car and light trucks sold in
 the United States and shall represent  a  different  original  equipment
 manufacturer  than the speaker of the assembly's appointment, and one of
 whom shall be appointed from a state  federation  of  affiliated  public
 sector, private sector, and building trades labor organizations;
   (c)  four  members  shall be appointed by the speaker of the assembly,
 one of whom shall be appointed  from  an  association  representing  the
 manufacturers  of  the  majority of new car and light trucks sold in the
 United  States  and  shall  represent  a  different  original  equipment
 manufacturer than the temporary president's appointment, and one of whom
 shall  be  appointed  from  a  statewide  business advocacy organization
 representing large and small member  companies  and  local  chambers  of
 commerce and professional and trade associations;
   (d) one member shall be appointed by the senate minority leader;
   (e) one member shall be appointed by the assembly minority leader;
   (f)  one  member  shall  be  appointed  by the chancellor of the state
 university of New York; such member shall be  a  member  of  a  research
 faculty  of  an engineering department at a state university of New York
 campus; and
   (g) one member shall be appointed by  the  commission  on  independent
 colleges  and  universities  from a New York private university research
 faculty of an engineering department.

 S. 2508--B                         145
 
   § 1-c. All appointments shall be made no later than the thirtieth  day
 after the effective date of this section. Vacancies in the membership of
 the  task  force  shall be filled in the same manner provided for by the
 original appointments. The task force shall organize as soon as  practi-
 cable  following  the  appointment of its members. The chairperson shall
 appoint a secretary who shall not be a member of  the  task  force.  The
 members  of  the  task  force  shall  receive  no compensation for their
 services.
   § 1-d. The task force shall study, evaluate  and  develop  recommenda-
 tions  relating  to  specific actionable measures that address how auto-
 mated vehicle technology will transform the state's  roadways,  economy,
 education  system  and  society.  The automated vehicle task force shall
 study how to support the safe testing, deployment and operation of auto-
 mated vehicle technology on public highways. It shall take  all  of  the
 following into consideration: (a) the measures necessary to successfully
 implement  automated vehicles, including necessary legislative and regu-
 latory or administrative changes; (b) the difficulties  and  liabilities
 that  could  arise by allowing automated vehicles on public highways and
 proper mechanisms to manage risks and ensure adequate risk coverage; (c)
 how automated vehicle technology can promote research and development in
 this state; (d) potential considerations  and  resource  needs  for  law
 enforcement;  (e)  potential  infrastructure  changes needed and capital
 planning considerations; and (f) any other  issue  the  committee  deems
 relevant.
   §  1-e.  The  task force shall be entitled to request and receive, and
 shall utilize such facilities, resources and data of any court,  depart-
 ment,  division, board, bureau, commission or agency of the state or any
 political subdivision thereof as it may reasonably request  to  properly
 carry out its powers and duties.
   §  1-f.  In carrying out its functions, the task force shall hold five
 public hearings around the state to  foster  discussions  in  accordance
 with  article  seven of the public officers law, and formal public hear-
 ings to solicit input and recommendations from  statewide  and  regional
 stakeholder interests.
   § 1-g. The task force shall report its findings and recommendations to
 the  governor,  the temporary president of the senate and the speaker of
 the assembly on or before April first, two thousand twenty-three.
   § 2. Intentionally omitted.
   § 3. Section 3 of part FF of chapter 55 of the laws of 2017,  relating
 to  motor  vehicles  equipped  with  autonomous  vehicle  technology, as
 amended by section 2 of part M of chapter 58 of the  laws  of  2019,  is
 amended to read as follows:
   § 3. This act shall take effect April 1, 2017; provided, however, that
 section one of this act shall expire and be deemed repealed [April] JUNE
 1, 2021.
   § 4. Intentionally omitted.
   §  5.  This act shall take effect immediately, provided, however, that
 sections one-a, one-b, one-c, one-d, one-e, one-f and one-g of this  act
 shall expire and be deemed repealed 2 years after such date.
 
                                  PART HH
 
                           Intentionally Omitted
 
                                  PART II

 S. 2508--B                         146
 
   Section  1.  Section  2  of  part BB of chapter 58 of the laws of 2012
 amending the public authorities law, relating to authorizing the  dormi-
 tory  authority to enter into certain design and construction management
 agreements, as amended by section 1 of part B of chapter 58 of the  laws
 of 2019, is amended to read as follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed April 1, [2021] 2023.
   § 2. The dormitory authority of the state of New York shall provide  a
 report  providing  information regarding any project undertaken pursuant
 to a design and construction management agreement, as authorized by part
 BB of chapter 58 of the laws of 2012, between the dormitory authority of
 the state of New York and the department of  environmental  conservation
 and/or  the office of parks, recreation and historic preservation to the
 governor, the temporary president of  the  senate  and  speaker  of  the
 assembly.  Such report shall include but not be limited to a description
 of each such project, the project identification  number  of  each  such
 project,  if applicable, the projected date of completion, the status of
 the project, the total cost or projected cost of each such project,  and
 the  location, including the names of any county, town, village or city,
 where each such project is located or  proposed.  In  addition,  such  a
 report  shall be provided to the aforementioned parties by the first day
 of March of each year that the authority to enter into  such  agreements
 pursuant to part BB of chapter 58 of the laws of 2012 is in effect.
   §  3.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2021.

                                  PART JJ
 
   Section 1. Intentionally omitted.
   § 2. Intentionally omitted.
   § 3. The superintendent of financial services shall  convene  a  motor
 vehicle  insurance  task  force, to examine alternatives to the no-fault
 insurance system as well as other legislative or regulatory  initiatives
 to  reduce  the  cost  of  motor vehicle insurance. The task force shall
 issue a report to the governor, the temporary president of  the  senate,
 the speaker of the assembly, the chair of the senate insurance committee
 and the chair of the assembly insurance committee on its recommendations
 no  later  than December 31, 2021.  The task force shall be comprised of
 eight members including the superintendent  of  financial  services  who
 shall  serve  as the chair.  The remaining members shall be appointed as
 follows: three  shall  be  appointed  by  the  governor,  two  shall  be
 appointed  by  the  temporary  president of the senate, and two shall be
 appointed by the speaker of the assembly.  Members  of  the  task  force
 shall  be representative of consumers, health insurers, trial attorneys,
 healthcare providers, or insurers. The members of the task  force  shall
 receive  no  compensation for their services, but shall be allowed their
 actual and necessary expenses  incurred  in  the  performance  of  their
 duties.
   § 4. This act shall take effect immediately.
 
                                  PART KK
 
                           Intentionally Omitted
 
                                  PART LL

 S. 2508--B                         147
 
                           Intentionally Omitted
 
                                  PART MM

                           Intentionally Omitted
 
                                  PART NN
 
   Section  1. Section 1 of subpart H of part C of chapter 20 of the laws
 of 2015, appropriating money  for  certain  municipal  corporations  and
 school  districts,  as amended by section 1 of part AAA of chapter 59 of
 the laws of 2018, is amended to read as follows:
   Section 1. Contingent  upon  available  funding,  and  not  to  exceed
 [$69,000,000] $140,000,000 moneys from the urban development corporation
 shall be available for a local government entity, which for the purposes
 of  this  section  shall  mean  a  county,  city,  town, village, school
 district or special district, where (i) on or after June  25,  2015,  an
 electric generating facility located within such local government entity
 has  ceased operations, and (ii) the closing of such facility has caused
 a reduction in the real property tax collections or payments in lieu  of
 taxes of at least twenty percent owed by such electric generating facil-
 ity.  Such  moneys attributable to the cessation of operations, shall be
 paid annually on a first come, first served basis by the urban  develop-
 ment  corporation  to  such  local government entity within a reasonable
 time upon confirmation from  the  state  office  of  real  property  tax
 services  or  the  local  industrial  development  authority established
 pursuant to titles eleven and fifteen of article  eight  of  the  public
 authorities  law, or the local industrial development agency established
 pursuant to article eighteen-A of the general municipal  law  that  such
 cessation  has  resulted  in  a  reduction  in  the  real  property  tax
 collections or payments in lieu of taxes, provided,  however,  that  the
 urban development corporation shall not provide assistance to such local
 government  entity  for  more than seven years, and shall award payments
 reflecting the loss of revenues due to the cessation  of  operations  as
 follows:
 
         Award Year                Maximum Potential Award
             1           no more than eighty percent of loss of revenues
             2           no more than seventy percent of loss of revenues
             3           no more than sixty percent of loss of revenues
             4           no more than fifty percent of loss of revenues
             5           no more than forty percent of loss of revenues
             6           no more than thirty percent of loss of revenues
             7           no more than twenty percent of loss of revenues

   A  local  government  entity shall be eligible for only one payment of
 funds hereunder per year.  A local government entity may seek assistance
 under the electric generation facility cessation mitigation fund once  a
 generator  has submitted its notice to the federally designated electric
 bulk system operator (BSO) serving the state of New York of  its  intent
 to retire the facility or of its intent to voluntarily remove the facil-
 ity  from  service  subject  to  any return-to-service provisions of any
 tariff, and that the facility also is ineligible to participate  in  the
 markets  operated  by the BSO. The date of submission of a local govern-

 S. 2508--B                         148
 
 ment entity's application for assistance shall establish  the  order  in
 which  assistance is paid to program applicants, except that in no event
 shall assistance be paid to a local government entity  until  such  time
 that an electric generating facility has retired or become ineligible to
 participate  in  the  markets  operated by the BSO. For purposes of this
 section, any local government entity seeking assistance under the  elec-
 tric generation facility cessation mitigation fund must submit an attes-
 tation  to the department of public service that a facility is no longer
 producing electricity and is no longer participating in markets operated
 by the BSO. After receipt of such attestation, the department of  public
 service  shall  confirm  such information with the BSO. In the case that
 the BSO confirms to the department of public service that  the  facility
 is no longer producing electricity and participating in markets operated
 by  such  BSO,  it shall be deemed that the electric generating facility
 located within the local government entity  has  ceased  operation.  The
 department  of  public  service  shall  provide such confirmation to the
 urban development corporation upon receipt.  The  determination  of  the
 amount  of  such  annual payment shall be determined by the president of
 the urban development corporation based on the amount of  the  differen-
 tial  between  the  annual  real  property taxes and payments in lieu of
 taxes imposed upon the facility, exclusive of  interest  and  penalties,
 during  the  last year of operations and the current real property taxes
 and payments in lieu of taxes imposed upon the  facility,  exclusive  of
 interest and penalties. The total amount awarded from this program shall
 not exceed [$69,000,000] $140,000,000.
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to section 1 of subpart H of part C of chapter 20 of  the
 laws of 2015 made by section one of this act shall not affect the repeal
 of such subpart and shall be deemed repealed therewith.
 
                                  PART OO
 
                           Intentionally Omitted
 
                                  PART PP
 
   Section  1.  The  general  obligations  law is amended by adding a new
 article 18-C to read as follows:
                               ARTICLE 18-C
                           LIBOR DISCONTINUANCE
 SECTION 18-400. DEFINITIONS.
         18-401. EFFECT OF LIBOR DISCONTINUANCE ON AGREEMENTS.
         18-402. CONTINUITY OF CONTRACT AND SAFE HARBOR.
         18-403. SEVERABILITY.
   § 18-400. DEFINITIONS. AS USED IN THIS  ARTICLE  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "LIBOR" SHALL MEAN, FOR PURPOSES OF THE APPLICATION OF THIS ARTICLE
 TO  ANY  PARTICULAR  CONTRACT, SECURITY OR INSTRUMENT, U.S. DOLLAR LIBOR
 (FORMERLY KNOWN AS THE LONDON INTERBANK OFFERED RATE) AS ADMINISTERED BY
 ICE BENCHMARK ADMINISTRATION LIMITED (OR ANY  PREDECESSOR  OR  SUCCESSOR
 THEREOF),  OR  ANY  TENOR THEREOF, AS APPLICABLE, THAT IS USED IN MAKING
 ANY CALCULATION OR DETERMINATION THEREUNDER.
   2. "LIBOR DISCONTINUANCE EVENT" SHALL MEAN THE EARLIEST  TO  OCCUR  OF
 ANY OF THE FOLLOWING:

 S. 2508--B                         149

   A. A PUBLIC STATEMENT OR PUBLICATION OF INFORMATION BY OR ON BEHALF OF
 THE ADMINISTRATOR OF LIBOR ANNOUNCING THAT SUCH ADMINISTRATOR HAS CEASED
 OR  WILL  CEASE  TO PROVIDE LIBOR, PERMANENTLY OR INDEFINITELY, PROVIDED
 THAT, AT THE TIME OF THE STATEMENT OR PUBLICATION, THERE IS NO SUCCESSOR
 ADMINISTRATOR THAT WILL CONTINUE TO PROVIDE LIBOR;
   B.  A PUBLIC STATEMENT OR PUBLICATION OF INFORMATION BY THE REGULATORY
 SUPERVISOR FOR THE ADMINISTRATOR OF LIBOR,  THE  UNITED  STATES  FEDERAL
 RESERVE SYSTEM, AN INSOLVENCY OFFICIAL WITH JURISDICTION OVER THE ADMIN-
 ISTRATOR  FOR  LIBOR,  A RESOLUTION AUTHORITY WITH JURISDICTION OVER THE
 ADMINISTRATOR FOR LIBOR OR A COURT OR AN ENTITY WITH SIMILAR  INSOLVENCY
 OR  RESOLUTION  AUTHORITY OVER THE ADMINISTRATOR FOR LIBOR, WHICH STATES
 THAT THE ADMINISTRATOR OF LIBOR HAS CEASED  OR  WILL  CEASE  TO  PROVIDE
 LIBOR  PERMANENTLY  OR  INDEFINITELY,  PROVIDED THAT, AT THE TIME OF THE
 STATEMENT OR PUBLICATION, THERE IS NO SUCCESSOR ADMINISTRATOR THAT  WILL
 CONTINUE TO PROVIDE LIBOR; OR 
   C.  A PUBLIC STATEMENT OR PUBLICATION OF INFORMATION BY THE REGULATORY
 SUPERVISOR FOR THE ADMINISTRATOR OF LIBOR ANNOUNCING THAT  LIBOR  IS  NO
 LONGER  REPRESENTATIVE.   FOR PURPOSES OF THIS SUBDIVISION TWO, A PUBLIC
 STATEMENT OR PUBLICATION OF INFORMATION THAT AFFECTS  ONE OR MORE TENORS
 OF LIBOR SHALL NOT CONSTITUTE A LIBOR DISCONTINUANCE EVENT WITH  RESPECT
 TO   ANY CONTRACT, SECURITY OR INSTRUMENT THAT (I) PROVIDES FOR ONLY ONE
 TENOR OF LIBOR,  IF  SUCH  CONTRACT,  SECURITY  OR  INSTRUMENT  REQUIRES
 INTERPOLATION  AND SUCH TENOR CAN BE INTERPOLATED FROM LIBOR TENORS THAT
 ARE NOT SO AFFECTED, OR (II) PERMITS A PARTY TO CHOOSE  FROM  MORE  THAN
 ONE  TENOR OF LIBOR AND ANY OF SUCH TENORS (A) IS NOT SO AFFECTED OR (B)
 IF SUCH CONTRACT, SECURITY OR INSTRUMENT REQUIRES INTERPOLATION, CAN  BE
 INTERPOLATED FROM LIBOR TENORS THAT ARE NOT SO AFFECTED.
   3. "LIBOR REPLACEMENT DATE" SHALL MEAN:
   A.  IN THE CASE OF A LIBOR DISCONTINUANCE EVENT DESCRIBED IN PARAGRAPH
 A OR B OF SUBDIVISION TWO OF THIS SECTION, THE LATER OF (I) THE DATE  OF
 THE  PUBLIC  STATEMENT OR PUBLICATION OF INFORMATION REFERENCED THEREIN;
 AND (II) THE DATE ON WHICH THE ADMINISTRATOR  OF  LIBOR  PERMANENTLY  OR
 INDEFINITELY CEASES TO PROVIDE LIBOR; AND
   B.  IN THE CASE OF A LIBOR DISCONTINUANCE EVENT DESCRIBED IN PARAGRAPH
 C OF SUBDIVISION TWO OF THIS SECTION, THE DATE OF THE  PUBLIC  STATEMENT
 OR  PUBLICATION OF INFORMATION REFERENCED THEREIN.  FOR PURPOSES OF THIS
 SUBDIVISION THREE, A DATE THAT AFFECTS ONE OR MORE TENORS OF LIBOR SHALL
 NOT CONSTITUTE A LIBOR REPLACEMENT DATE WITH RESPECT  TO  ANY  CONTRACT,
 SECURITY OR INSTRUMENT THAT (I) PROVIDES FOR ONLY ONE TENOR OF LIBOR, IF
 SUCH  CONTRACT,  SECURITY  OR INSTRUMENT REQUIRES INTERPOLATION AND SUCH
 TENOR CAN BE INTERPOLATED FROM LIBOR TENORS THAT ARE NOT SO AFFECTED, OR
 (II) PERMITS A PARTY TO CHOOSE FROM MORE THAN ONE TENOR OF LIBOR AND ANY
 OF SUCH TENORS (A) IS NOT SO AFFECTED OR (B) IF SUCH CONTRACT,  SECURITY
 OR  INSTRUMENT  REQUIRES  INTERPOLATION,  CAN BE INTERPOLATED FROM LIBOR
 TENORS THAT ARE NOT SO AFFECTED.
   4. "FALLBACK PROVISIONS" SHALL MEAN TERMS IN A CONTRACT,  SECURITY  OR
 INSTRUMENT  THAT  SET FORTH A METHODOLOGY OR PROCEDURE FOR DETERMINING A
 BENCHMARK REPLACEMENT, INCLUDING ANY TERMS RELATING TO THE DATE ON WHICH
 THE BENCHMARK REPLACEMENT BECOMES EFFECTIVE, WITHOUT REGARD TO WHETHER A
 BENCHMARK REPLACEMENT CAN BE DETERMINED IN ACCORDANCE WITH SUCH  METHOD-
 OLOGY OR PROCEDURE.
   5. "BENCHMARK" SHALL MEAN AN INDEX OF INTEREST RATES OR DIVIDEND RATES
 THAT IS USED, IN WHOLE OR IN PART, AS THE BASIS OF OR AS A REFERENCE FOR
 CALCULATING  OR  DETERMINING ANY VALUATION, PAYMENT OR OTHER MEASUREMENT
 UNDER OR IN RESPECT OF A CONTRACT, SECURITY OR INSTRUMENT.

 S. 2508--B                         150
 
   6. "BENCHMARK REPLACEMENT" SHALL MEAN A BENCHMARK, OR AN INTEREST RATE
 OR DIVIDEND RATE (WHICH MAY OR MAY NOT BE BASED IN WHOLE OR IN PART ON A
 PRIOR SETTING OF LIBOR), TO REPLACE LIBOR OR ANY INTEREST RATE OR  DIVI-
 DEND  RATE  BASED ON LIBOR, WHETHER ON A TEMPORARY, PERMANENT OR INDEFI-
 NITE BASIS, UNDER OR IN RESPECT OF A CONTRACT, SECURITY OR INSTRUMENT.
   7. "RECOMMENDED BENCHMARK REPLACEMENT" SHALL MEAN, WITH RESPECT TO ANY
 PARTICULAR  TYPE  OF  CONTRACT,  SECURITY  OR  INSTRUMENT,  A  BENCHMARK
 REPLACEMENT BASED ON SOFR, WHICH SHALL INCLUDE  ANY  RECOMMENDED  SPREAD
 ADJUSTMENT  AND ANY BENCHMARK REPLACEMENT CONFORMING CHANGES, THAT SHALL
 HAVE BEEN SELECTED OR RECOMMENDED BY A RELEVANT RECOMMENDING  BODY  WITH
 RESPECT TO SUCH TYPE OF CONTRACT, SECURITY OR INSTRUMENT.
   8.  "RECOMMENDED SPREAD ADJUSTMENT" SHALL MEAN A SPREAD ADJUSTMENT, OR
 METHOD FOR CALCULATING OR DETERMINING SUCH SPREAD ADJUSTMENT, (WHICH MAY
 BE A POSITIVE OR NEGATIVE VALUE OR ZERO) THAT SHALL HAVE  BEEN  SELECTED
 OR  RECOMMENDED BY A RELEVANT RECOMMENDING BODY FOR A RECOMMENDED BENCH-
 MARK REPLACEMENT FOR A PARTICULAR TYPE OF CONTRACT, SECURITY OR  INSTRU-
 MENT AND FOR A PARTICULAR TERM TO ACCOUNT FOR THE EFFECTS OF THE TRANSI-
 TION OR CHANGE FROM LIBOR TO A RECOMMENDED BENCHMARK REPLACEMENT.
   9. "BENCHMARK REPLACEMENT CONFORMING CHANGES" SHALL MEAN, WITH RESPECT
 TO ANY TYPE OF CONTRACT, SECURITY OR INSTRUMENT, ANY TECHNICAL, ADMINIS-
 TRATIVE  OR  OPERATIONAL  CHANGES, ALTERATIONS OR MODIFICATIONS THAT ARE
 ASSOCIATED WITH AND REASONABLY NECESSARY TO THE  USE,  ADOPTION,  CALCU-
 LATION  OR  IMPLEMENTATION  OF  A  RECOMMENDED BENCHMARK REPLACEMENT AND
 THAT:
   A. HAVE BEEN SELECTED OR RECOMMENDED BY A RELEVANT RECOMMENDING  BODY;
 AND
   B.  IF,  IN  THE  REASONABLE  JUDGMENT  OF THE CALCULATING PERSON, THE
 BENCHMARK REPLACEMENT CONFORMING CHANGES SELECTED OR RECOMMENDED  PURSU-
 ANT  TO  PARAGRAPH  A OF THIS SUBDIVISION DO NOT APPLY TO SUCH CONTRACT,
 SECURITY OR INSTRUMENT OR ARE INSUFFICIENT TO PERMIT ADMINISTRATION  AND
 CALCULATION  OF  THE  RECOMMENDED  BENCHMARK REPLACEMENT, THEN BENCHMARK
 REPLACEMENT CONFORMING CHANGES SHALL INCLUDE SUCH OTHER CHANGES,  ALTER-
 ATIONS  OR  MODIFICATIONS THAT, IN THE REASONABLE JUDGMENT OF THE CALCU-
 LATING PERSON:
   (I) ARE NECESSARY TO PERMIT  ADMINISTRATION  AND  CALCULATION  OF  THE
 RECOMMENDED  BENCHMARK REPLACEMENT UNDER OR IN RESPECT OF SUCH CONTRACT,
 SECURITY OR INSTRUMENT IN A MANNER CONSISTENT WITH MARKET  PRACTICE  FOR
 SUBSTANTIALLY  SIMILAR  CONTRACTS, SECURITIES OR INSTRUMENTS AND, TO THE
 EXTENT PRACTICABLE, THE MANNER  IN  WHICH  SUCH  CONTRACT,  SECURITY  OR
 INSTRUMENT  WAS  ADMINISTERED IMMEDIATELY PRIOR TO THE LIBOR REPLACEMENT
 DATE; AND
   (II) WOULD NOT RESULT IN A DISPOSITION OF SUCH CONTRACT,  SECURITY  OR
 INSTRUMENT FOR U.S. FEDERAL INCOME TAX PURPOSES.
   10.  "DETERMINING  PERSON"  SHALL  MEAN, WITH RESPECT TO ANY CONTRACT,
 SECURITY OR INSTRUMENT, IN THE FOLLOWING ORDER OF PRIORITY:
   A. ANY PERSON SPECIFIED AS A "DETERMINING PERSON"; OR
   B. ANY PERSON WITH THE AUTHORITY, RIGHT OR OBLIGATION TO:
   (I) DETERMINE THE BENCHMARK REPLACEMENT THAT WILL TAKE EFFECT  ON  THE
 LIBOR REPLACEMENT DATE,
   (II)  CALCULATE OR DETERMINE A VALUATION, PAYMENT OR OTHER MEASUREMENT
 BASED ON A BENCHMARK, OR
   (III) NOTIFY OTHER PERSONS OF THE OCCURRENCE OF A LIBOR DISCONTINUANCE
 EVENT, A LIBOR REPLACEMENT DATE OR A BENCHMARK REPLACEMENT.
   11. "RELEVANT RECOMMENDING BODY" SHALL MEAN THE FEDERAL RESERVE BOARD,
 THE FEDERAL RESERVE BANK OF NEW YORK, OR THE ALTERNATIVE REFERENCE RATES
 COMMITTEE, OR ANY SUCCESSOR TO ANY OF THEM.

 S. 2508--B                         151
 
   12. "SOFR" SHALL MEAN, WITH RESPECT TO ANY DAY, THE SECURED  OVERNIGHT
 FINANCING RATE PUBLISHED FOR SUCH DAY BY THE FEDERAL RESERVE BANK OF NEW
 YORK,  AS THE ADMINISTRATOR OF THE BENCHMARK (OR A SUCCESSOR ADMINISTRA-
 TOR), ON THE FEDERAL RESERVE BANK OF NEW YORK'S WEBSITE.
   13.  "CALCULATING  PERSON"  SHALL  MEAN, WITH RESPECT TO ANY CONTRACT,
 SECURITY OR INSTRUMENT, ANY PERSON (WHICH MAY BE THE DETERMINING PERSON)
 RESPONSIBLE FOR CALCULATING OR DETERMINING  ANY  VALUATION,  PAYMENT  OR
 OTHER MEASUREMENT BASED ON A BENCHMARK.
   14. "CONTRACT, SECURITY, OR INSTRUMENT" SHALL INCLUDE, WITHOUT LIMITA-
 TION,  ANY CONTRACT, AGREEMENT, MORTGAGE, DEED OF TRUST, LEASE, SECURITY
 (WHETHER REPRESENTING DEBT OR EQUITY, AND INCLUDING ANY  INTEREST  IN  A
 CORPORATION,  A PARTNERSHIP OR A LIMITED LIABILITY COMPANY), INSTRUMENT,
 OR OTHER OBLIGATION.
   § 18-401. EFFECT OF LIBOR DISCONTINUANCE  ON  AGREEMENTS.  1.  ON  THE
 LIBOR  REPLACEMENT DATE, THE RECOMMENDED BENCHMARK REPLACEMENT SHALL, BY
 OPERATION OF LAW, BE THE BENCHMARK REPLACEMENT FOR ANY CONTRACT, SECURI-
 TY OR INSTRUMENT THAT USES LIBOR AS A BENCHMARK AND:
   A. CONTAINS NO FALLBACK PROVISIONS; OR
   B. CONTAINS FALLBACK PROVISIONS THAT RESULT IN  A  BENCHMARK  REPLACE-
 MENT,  OTHER  THAN A RECOMMENDED BENCHMARK REPLACEMENT, THAT IS BASED IN
 ANY WAY ON ANY LIBOR VALUE.
   2. FOLLOWING THE OCCURRENCE OF A LIBOR DISCONTINUANCE EVENT, ANY FALL-
 BACK PROVISIONS IN A CONTRACT, SECURITY, OR INSTRUMENT THAT PROVIDE  FOR
 A  BENCHMARK  REPLACEMENT BASED ON OR OTHERWISE INVOLVING A POLL, SURVEY
 OR INQUIRIES FOR QUOTES  OR  INFORMATION  CONCERNING  INTERBANK  LENDING
 RATES  OR  ANY  INTEREST  RATE  OR DIVIDEND RATE BASED ON LIBOR SHALL BE
 DISREGARDED AS IF NOT INCLUDED IN SUCH CONTRACT, SECURITY OR  INSTRUMENT
 AND SHALL BE DEEMED NULL AND VOID AND WITHOUT ANY FORCE OR EFFECT.
   3.  THIS SUBDIVISION SHALL APPLY TO ANY CONTRACT, SECURITY, OR INSTRU-
 MENT THAT USES LIBOR AS A BENCHMARK  AND  CONTAINS  FALLBACK  PROVISIONS
 THAT PERMIT OR REQUIRE THE SELECTION OF A BENCHMARK REPLACEMENT THAT IS:
   A. BASED IN ANY WAY ON ANY LIBOR VALUE; OR
   B. THE SUBSTANTIVE EQUIVALENT OF PARAGRAPH (A), (B) OR (C) OF SUBDIVI-
 SION ONE OF SECTION 18-402 OF THIS ARTICLE.
   A  DETERMINING PERSON SHALL HAVE THE AUTHORITY UNDER THIS ARTICLE, BUT
 SHALL NOT BE REQUIRED, TO SELECT ON OR AFTER THE OCCURRENCE OF  A  LIBOR
 DISCONTINUANCE EVENT THE RECOMMENDED BENCHMARK REPLACEMENT AS THE BENCH-
 MARK  REPLACEMENT.  SUCH SELECTION OF THE RECOMMENDED BENCHMARK REPLACE-
 MENT SHALL BE:
   (I) IRREVOCABLE;
   (II) MADE BY THE EARLIER OF EITHER THE LIBOR REPLACEMENT DATE, OR  THE
 LATEST  DATE  FOR  SELECTING  A  BENCHMARK REPLACEMENT ACCORDING TO SUCH
 CONTRACT, SECURITY, OR INSTRUMENT; AND
   (III) USED IN ANY  DETERMINATIONS  OF  THE  BENCHMARK  UNDER  OR  WITH
 RESPECT  TO SUCH CONTRACT, SECURITY OR INSTRUMENT OCCURRING ON AND AFTER
 THE LIBOR REPLACEMENT DATE.
   4. IF  A  RECOMMENDED  BENCHMARK  REPLACEMENT  BECOMES  THE  BENCHMARK
 REPLACEMENT FOR ANY CONTRACT, SECURITY, OR INSTRUMENT PURSUANT TO SUBDI-
 VISION  ONE  OR  SUBDIVISION  THREE  OF THIS SECTION, THEN ALL BENCHMARK
 REPLACEMENT CONFORMING CHANGES THAT ARE APPLICABLE (IN  ACCORDANCE  WITH
 THE  DEFINITION  OF  BENCHMARK  REPLACEMENT  CONFORMING CHANGES) TO SUCH
 RECOMMENDED BENCHMARK REPLACEMENT SHALL BECOME AN INTEGRAL PART OF  SUCH
 CONTRACT, SECURITY, OR INSTRUMENT BY OPERATION OF LAW.
   5. THE PROVISIONS OF THIS ARTICLE SHALL NOT ALTER OR IMPAIR:
   A. ANY WRITTEN AGREEMENT BY ALL REQUISITE PARTIES THAT, RETROSPECTIVE-
 LY  OR  PROSPECTIVELY,  A CONTRACT, SECURITY, OR INSTRUMENT SHALL NOT BE

 S. 2508--B                         152
 
 SUBJECT TO THIS ARTICLE WITHOUT NECESSARILY  REFERRING  SPECIFICALLY  TO
 THIS  ARTICLE.  FOR  PURPOSES  OF  THIS SUBDIVISION, "REQUISITE PARTIES"
 MEANS ALL PARTIES REQUIRED TO  AMEND  THE  TERMS  AND  PROVISIONS  OF  A
 CONTRACT,  SECURITY,  OR  INSTRUMENT  THAT WOULD OTHERWISE BE ALTERED OR
 AFFECTED BY THIS ARTICLE;
   B.  ANY  CONTRACT,  SECURITY  OR  INSTRUMENT  THAT  CONTAINS  FALLBACK
 PROVISIONS  THAT  WOULD  RESULT  IN  A BENCHMARK REPLACEMENT THAT IS NOT
 BASED ON LIBOR, INCLUDING, BUT NOT LIMITED TO, THE  PRIME  RATE  OR  THE
 FEDERAL  FUNDS  RATE, EXCEPT THAT SUCH  CONTRACT, SECURITY OR INSTRUMENT
 SHALL BE SUBJECT TO SUBDIVISION TWO OF THIS SECTION;
   C. ANY CONTRACT, SECURITY, OR INSTRUMENT SUBJECT TO SUBDIVISION  THREE
 OF THIS SECTION AS TO WHICH A DETERMINING PERSON DOES NOT ELECT TO USE A
 RECOMMENDED  BENCHMARK REPLACEMENT PURSUANT TO SUBDIVISION THREE OF THIS
 SECTION OR AS TO WHICH A DETERMINING PERSON ELECTS TO USE A  RECOMMENDED
 BENCHMARK  REPLACEMENT PRIOR TO THE OCCURRENCE OF A LIBOR DISCONTINUANCE
 EVENT, EXCEPT THAT SUCH  CONTRACT,  SECURITY,  OR  INSTRUMENT  SHALL  BE
 SUBJECT TO SUBDIVISION TWO OF THIS SECTION; OR
   D.  THE APPLICATION TO A RECOMMENDED BENCHMARK REPLACEMENT OF ANY CAP,
 FLOOR, MODIFIER, OR SPREAD ADJUSTMENT TO WHICH LIBOR  HAD  BEEN  SUBJECT
 PURSUANT TO THE TERMS OF A CONTRACT, SECURITY, OR INSTRUMENT.
   6.  NOTWITHSTANDING  THE  UNIFORM  COMMERCIAL CODE OR ANY OTHER LAW OF
 THIS STATE, THIS TITLE SHALL APPLY  TO  ALL  CONTRACTS,  SECURITIES  AND
 INSTRUMENTS,  INCLUDING  CONTRACTS,  WITH  RESPECT  TO COMMERCIAL TRANS-
 ACTIONS, AND SHALL NOT BE DEEMED TO BE DISPLACED BY  ANY  OTHER  LAW  OF
 THIS STATE.
   § 18-402. CONTINUITY  OF CONTRACT AND SAFE HARBOR. 1. THE SELECTION OR
 USE OF A RECOMMENDED BENCHMARK REPLACEMENT AS  A  BENCHMARK  REPLACEMENT
 UNDER  OR  IN RESPECT OF A CONTRACT, SECURITY OR INSTRUMENT BY OPERATION
 OF SECTION 18-401 OF THIS SECTION SHALL CONSTITUTE:
   A. A  COMMERCIALLY  REASONABLE  REPLACEMENT  FOR  AND  A  COMMERCIALLY
 SUBSTANTIAL EQUIVALENT TO LIBOR;
   B.  A  REASONABLE,  COMPARABLE OR ANALOGOUS TERM FOR LIBOR UNDER OR IN
 RESPECT OF SUCH CONTRACT, SECURITY OR INSTRUMENT;
   C. A REPLACEMENT THAT IS BASED ON A METHODOLOGY OR INFORMATION THAT IS
 SIMILAR OR COMPARABLE TO LIBOR; AND
   D. SUBSTANTIAL PERFORMANCE BY ANY PERSON OF ANY  RIGHT  OR  OBLIGATION
 RELATING TO OR BASED ON LIBOR UNDER OR IN RESPECT OF A CONTRACT, SECURI-
 TY OR INSTRUMENT.
   2.  NONE  OF:  A.  A LIBOR DISCONTINUANCE EVENT OR A LIBOR REPLACEMENT
 DATE, B. THE SELECTION OR USE OF A RECOMMENDED BENCHMARK REPLACEMENT  AS
 A  BENCHMARK  REPLACEMENT;  OR C.   THE DETERMINATION, IMPLEMENTATION OR
 PERFORMANCE OF BENCHMARK REPLACEMENT CONFORMING CHANGES, IN  EACH  CASE,
 BY OPERATION OF SECTION 18-401 OF THIS ARTICLE, SHALL:
   (I) BE DEEMED TO IMPAIR OR AFFECT THE RIGHT OF ANY PERSON TO RECEIVE A
 PAYMENT,  OR  AFFECT  THE  AMOUNT  OR  TIMING OF SUCH PAYMENT, UNDER ANY
 CONTRACT, SECURITY, OR INSTRUMENT; OR
   (II) HAVE THE EFFECT OF (A) DISCHARGING OR EXCUSING PERFORMANCE  UNDER
 ANY  CONTRACT,  SECURITY OR INSTRUMENT FOR ANY REASON, CLAIM OR DEFENSE,
 INCLUDING, BUT NOT LIMITED TO, ANY FORCE MAJEURE OR OTHER  PROVISION  IN
 ANY CONTRACT, SECURITY OR INSTRUMENT; (B) GIVING ANY PERSON THE RIGHT TO
 UNILATERALLY  TERMINATE OR SUSPEND PERFORMANCE UNDER ANY CONTRACT, SECU-
 RITY OR INSTRUMENT; (C) CONSTITUTING A BREACH OF A CONTRACT, SECURITY OR
 INSTRUMENT; OR (D) VOIDING  OR  NULLIFYING  ANY  CONTRACT,  SECURITY  OR
 INSTRUMENT.
   3.  NO PERSON SHALL HAVE ANY LIABILITY FOR DAMAGES TO ANY PERSON OR BE
 SUBJECT TO ANY CLAIM OR REQUEST FOR EQUITABLE RELIEF ARISING OUT  OF  OR

 S. 2508--B                         153
 
 RELATED  TO  THE SELECTION OR USE OF A RECOMMENDED BENCHMARK REPLACEMENT
 OR  THE  DETERMINATION,  IMPLEMENTATION  OR  PERFORMANCE  OF   BENCHMARK
 REPLACEMENT  CONFORMING  CHANGES,  IN EACH CASE, BY OPERATION OF SECTION
 18-401  OF  THIS  ARTICLE,  AND SUCH SELECTION OR USE OF THE RECOMMENDED
 BENCHMARK REPLACEMENT OR SUCH DETERMINATION IMPLEMENTATION  OR  PERFORM-
 ANCE  OF BENCHMARK REPLACEMENT CONFORMING CHANGES SHALL NOT GIVE RISE TO
 ANY CLAIM OR CAUSE OF ACTION BY ANY PERSON IN LAW OR IN EQUITY.
   4. THE SELECTION OR USE OF A RECOMMENDED BENCHMARK REPLACEMENT OR  THE
 DETERMINATION,  IMPLEMENTATION,  OR PERFORMANCE OF BENCHMARK REPLACEMENT
 CONFORMING CHANGES, BY OPERATION OF  SECTION  18-401  OF  THIS  ARTICLE,
 SHALL BE DEEMED TO:
   A.  NOT  BE  AN AMENDMENT OR MODIFICATION OF ANY CONTRACT, SECURITY OR
 INSTRUMENT; AND
   B. NOT PREJUDICE, IMPAIR OR AFFECT ANY PERSON'S RIGHTS,  INTERESTS  OR
 OBLIGATIONS UNDER OR IN RESPECT OF ANY CONTRACT, SECURITY OR INSTRUMENT.
   5.  EXCEPT  AS PROVIDED IN EITHER SUBDIVISION ONE OR SUBDIVISION THREE
 OF SECTION 18-401 OF THIS ARTICLE, THE PROVISIONS OF THIS ARTICLE  SHALL
 NOT  BE  INTERPRETED  AS  CREATING  ANY  NEGATIVE  INFERENCE OR NEGATIVE
 PRESUMPTION REGARDING THE VALIDITY OR ENFORCEABILITY OF:
   A. ANY BENCHMARK REPLACEMENT THAT IS  NOT  A  RECOMMENDED  REPLACEMENT
 BENCHMARK;
   B.  ANY  SPREAD ADJUSTMENT, OR METHOD FOR CALCULATING OR DETERMINING A
 SPREAD ADJUSTMENT, THAT IS NOT A RECOMMENDED SPREAD ADJUSTMENT; OR
   C. ANY CHANGES, ALTERATIONS OR MODIFICATIONS TO OR  IN  RESPECT  OF  A
 CONTRACT,  SECURITY  OR  INSTRUMENT  THAT  ARE NOT BENCHMARK REPLACEMENT
 CONFORMING CHANGES.
   § 18-403. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE  OR  APPLICA-
 TION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALID-
 ITY  SHALL  NOT  AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS ARTICLE
 THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION  OR  APPLICATION,
 AND TO THIS END THE PROVISIONS OF THIS ARTICLE SHALL BE SEVERABLE.
   § 2. This act shall take effect immediately.
 
                                  PART QQ
 
                           Intentionally Omitted
 
                                  PART RR
 
                           Intentionally Omitted
 
                                  PART SS

   Section 1. Paragraph (b) of subdivision 1 of section 7 of section 1 of
 chapter  392 of the laws of 1973 constituting the New York State Medical
 Care Facilities Finance Agency act, as amended by  chapter  183  of  the
 laws of 2018, is amended to read as follows:
   (b) The agency shall not issue hospital and nursing home project bonds
 and  hospital  and  nursing home project notes in an aggregate principal
 amount exceeding [sixteen] SEVENTEEN billion [six] FOUR hundred  million
 dollars,  excluding hospital and nursing home project bonds and hospital
 and nursing home project notes issued to refund outstanding hospital and
 nursing home projects bonds and hospital and nursing home project notes;
 provided, however, that upon any such refunding or repayment  the  total

 S. 2508--B                         154
 
 aggregate  principal  amount  of outstanding bonds, notes or other obli-
 gations may be greater  than  [sixteen]  SEVENTEEN  billion  [six]  FOUR
 hundred  million dollars only if the present value of the aggregate debt
 service  of the refunding or repayment bonds, notes or other obligations
 to be issued shall not exceed the present value of  the  aggregate  debt
 service  of  the  bonds, notes or other obligations so to be refunded or
 repaid. For purposes hereof, the present values of  the  aggregate  debt
 service  of the refunding or repayment bonds, notes or other obligations
 and of the aggregate debt service of the bonds,  notes  or  other  obli-
 gations  so  refunded  or  repaid,  shall be calculated by utilizing the
 effective interest rate of the refunding or repayment  bonds,  notes  or
 other  obligations,  which shall be that rate arrived at by doubling the
 semi-annual  interest  rate  (compounded  semi-annually)  necessary   to
 discount  the debt service payments on the refunding or repayment bonds,
 notes or other obligations from the payment dates thereof to the date of
 issue of the refunding or repayment bonds, notes  or  other  obligations
 and  to  the  price bid including estimated accrued interest or proceeds
 received by the agency including estimated  accrued  interest  from  the
 sale  thereof.  The  agency  shall  not  issue hospital and nursing home
 project bonds at any time secured by the hospital and nursing home capi-
 tal reserve fund if upon issuance, the amount in the hospital and  nurs-
 ing home capital reserve fund will be less than the hospital and nursing
 home capital reserve fund requirement, unless the agency, at the time of
 issuance  of  such  bonds,  shall  deposit in such reserve fund from the
 proceeds of the bonds so to be issued, or  otherwise,  an  amount  which
 together  with  the  amount  then in such reserve fund, will be not less
 than the hospital and nursing home capital reserve fund requirement.
   § 2. This act shall take effect immediately.
 
                                  PART TT
 
   Section 1. This act enacts into law components of legislation relating
 to the pandemic recovery and restart program. Each component  is  wholly
 contained  within  a  Subpart  identified  as  Subparts A through C. The
 effective date for  each  particular  provision  contained  within  such
 Subpart  is set forth in the last section of such Subpart. Any provision
 in any section contained within a Subpart, including the effective  date
 of  the  Subpart, which makes reference to a section "of this act", when
 used in connection with that particular component, shall  be  deemed  to
 mean  and  refer to the corresponding section of the Subpart in which it
 is found. Section three of this act sets  forth  the  general  effective
 date of this act.
 
                                 SUBPART A
 
   Section  1.  The  economic  development law is amended by adding a new
 article 24 to read as follows:
                                ARTICLE 24
             SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM
 SECTION 460. SHORT TITLE.
         461. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION.
         462. DEFINITIONS.
         463. ELIGIBILITY CRITERIA.
         464. APPLICATION AND APPROVAL PROCESS.
         465. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT.
         466. POWERS AND DUTIES OF THE COMMISSIONER.

 S. 2508--B                         155
 
         467. MAINTENANCE OF RECORDS.
         468. REPORTING.
         469. CAP ON TAX CREDIT.
   §  460.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM ACT".
   § 461. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION. IT IS HEREBY
 FOUND AND DECLARED THAT NEW YORK STATE NEEDS,  AS  A  MATTER  OF  PUBLIC
 POLICY,  TO  CREATE  FINANCIAL INCENTIVES FOR SMALL BUSINESSES IN INDUS-
 TRIES THAT HAVE SUFFERED ECONOMIC HARM  AS  A  RESULT  OF  THE  COVID-19
 PANDEMIC  TO EXPEDITIOUSLY REHIRE WORKERS AND INCREASE TOTAL SMALL BUSI-
 NESS EMPLOYMENT. THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM IS
 CREATED TO PROVIDE FINANCIAL INCENTIVES  TO  ECONOMICALLY  HARMED  SMALL
 BUSINESSES  TO  OFFER  RELIEF, EXPEDITE THEIR HIRING EFFORTS, AND REDUCE
 THE DURATION AND SEVERITY OF THE CURRENT ECONOMIC DIFFICULTIES.
   § 462. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1. "ACCOMMODATION SECTOR" MEANS ESTABLISHMENTS THAT PROVIDE LODGING OR
 SHORT-TERM ACCOMMODATIONS FOR TRAVELERS, VACATIONERS, AND OTHERS.
   2. "ARTS, ENTERTAINMENT, AND RECREATION SECTOR"  MEANS  ESTABLISHMENTS
 THAT  OPERATE  FACILITIES  OR  PROVIDE SERVICES TO MEET VARIED CULTURAL,
 ENTERTAINMENT, AND RECREATIONAL INTERESTS OF THEIR PATRONS. THIS  SECTOR
 COMPRISES: (A) ESTABLISHMENTS THAT ARE INVOLVED IN PRODUCING, PROMOTING,
 OR  PARTICIPATING IN LIVE PERFORMANCES, EVENTS, OR EXHIBITS INTENDED FOR
 PUBLIC VIEWING; (B) ESTABLISHMENTS THAT PRESERVE AND EXHIBIT OBJECTS AND
 SITES OF HISTORICAL, CULTURAL, OR EDUCATIONAL INTEREST; AND  (C)  ESTAB-
 LISHMENTS  THAT  OPERATE  FACILITIES  OR  PROVIDE  SERVICES  THAT ENABLE
 PATRONS TO PARTICIPATE IN RECREATIONAL ACTIVITIES OR  PURSUE  AMUSEMENT,
 HOBBY, AND LEISURE-TIME INTERESTS.
   3.  "AVERAGE  FULL-TIME  EMPLOYMENT"  SHALL MEAN THE AVERAGE NUMBER OF
 FULL-TIME EQUIVALENT POSITIONS EMPLOYED  BY  A  BUSINESS  ENTITY  IN  AN
 ELIGIBLE INDUSTRY DURING A GIVEN PERIOD.
   4.  "AVERAGE STARTING FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS THE
 AVERAGE NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A  BUSINESS
 ENTITY IN AN ELIGIBLE INDUSTRY BETWEEN JANUARY FIRST, TWO THOUSAND TWEN-
 TY-ONE, AND MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-ONE.
   5.  "AVERAGE  ENDING  FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS THE
 AVERAGE NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A  BUSINESS
 ENTITY  IN  AN ELIGIBLE INDUSTRY BETWEEN APRIL FIRST, TWO THOUSAND TWEN-
 TY-ONE, AND DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE.
   6. "CERTIFICATE OF TAX CREDIT" MEANS THE DOCUMENT ISSUED TO A BUSINESS
 ENTITY BY THE DEPARTMENT AFTER THE  DEPARTMENT  HAS  VERIFIED  THAT  THE
 BUSINESS  ENTITY  HAS  MET  ALL  APPLICABLE ELIGIBILITY CRITERIA IN THIS
 ARTICLE. THE CERTIFICATE SHALL SPECIFY THE EXACT AMOUNT OF THE TAX CRED-
 IT UNDER THIS ARTICLE THAT A BUSINESS  ENTITY  MAY  CLAIM,  PURSUANT  TO
 SECTION FOUR HUNDRED SIXTY-FIVE OF THIS ARTICLE.
   7.  "COMMISSIONER"  SHALL  MEAN  THE COMMISSIONER OF THE DEPARTMENT OF
 ECONOMIC DEVELOPMENT.
   8. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
   9. "ELIGIBLE INDUSTRY" MEANS A BUSINESS ENTITY OPERATING PREDOMINANTLY
 IN ONE OF THE FOLLOWING BUSINESS SECTORS:
   (A) ACCOMMODATIONS; OR
   (B) ARTS, ENTERTAINMENT, AND RECREATION.
   10. "NET EMPLOYEE INCREASE" MEANS AN INCREASE OF AT  LEAST  ONE  FULL-
 TIME  EQUIVALENT EMPLOYEE BETWEEN THE AVERAGE STARTING FULL-TIME EMPLOY-
 MENT AND THE AVERAGE ENDING FULL-TIME EMPLOYMENT OF A BUSINESS ENTITY.

 S. 2508--B                         156
 
   § 463. ELIGIBILITY CRITERIA. 1. TO BE ELIGIBLE FOR A TAX CREDIT  UNDER
 THE  SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM, A BUSINESS ENTITY
 MUST:
   (A)  BE  A SMALL BUSINESS AS DEFINED IN SECTION ONE HUNDRED THIRTY-ONE
 OF THIS CHAPTER AND HAVE FEWER THAN ONE  HUNDRED  FULL-TIME  JOB  EQUIV-
 ALENTS IN NEW YORK STATE AS OF APRIL FIRST, TWO THOUSAND TWENTY-ONE;
   (B)  OPERATE A BUSINESS LOCATION IN NEW YORK STATE THAT CHARGES ADMIS-
 SION AND/OR ACCEPTS PAYMENT FOR GOODS  AND/OR  SERVICES  FROM  IN-PERSON
 CUSTOMERS;
   (C) OPERATE PREDOMINANTLY IN AN ELIGIBLE INDUSTRY AS DEFINED IN SUBDI-
 VISION NINE OF SECTION FOUR HUNDRED SIXTY-TWO OF THIS ARTICLE; PROVIDED,
 HOWEVER, THAT THE DEPARTMENT, IN ITS REGULATIONS PROMULGATED PURSUANT TO
 THIS  ARTICLE, SHALL HAVE THE AUTHORITY TO LIST CERTAIN SECTORS OF THOSE
 INDUSTRIES AS INELIGIBLE;
   (D) HAVE EXPERIENCED ECONOMIC HARM AS A RESULT OF THE  COVID-19  EMER-
 GENCY  AS EVIDENCED BY A YEAR-TO-YEAR DECREASE OF AT LEAST FORTY PERCENT
 IN NEW YORK STATE BETWEEN THE SECOND QUARTER OF  TWO  THOUSAND  NINETEEN
 AND  THE  SECOND  QUARTER OF TWO THOUSAND TWENTY OR THE THIRD QUARTER OF
 TWO THOUSAND NINETEEN AND THE THIRD QUARTER OF TWO THOUSAND  TWENTY  FOR
 ONE OR BOTH OF: (I) GROSS RECEIPTS OR (II) AVERAGE FULL-TIME EMPLOYMENT;
 AND
   (E) HAVE DEMONSTRATED A NET EMPLOYEE INCREASE.
   2.  A BUSINESS ENTITY MUST BE IN SUBSTANTIAL COMPLIANCE WITH ANY EMER-
 GENCY RESTRICTIONS OR PUBLIC HEALTH ORDERS IMPACTING THE INDUSTRY SECTOR
 OR OTHER LAWS AND REGULATIONS AS  DETERMINED  BY  THE  COMMISSIONER.  IN
 ADDITION,  A  BUSINESS  ENTITY MAY NOT OWE PAST DUE STATE TAXES OR LOCAL
 PROPERTY TAXES UNLESS THE BUSINESS ENTITY IS MAKING PAYMENTS AND COMPLY-
 ING WITH AN APPROVED BINDING PAYMENT AGREEMENT  ENTERED  INTO  WITH  THE
 TAXING AUTHORITY.
   §  464.  APPLICATION  AND  APPROVAL PROCESS. 1. A BUSINESS ENTITY MUST
 SUBMIT A COMPLETE APPLICATION AS PRESCRIBED BY THE COMMISSIONER.
   2. THE COMMISSIONER SHALL ESTABLISH PROCEDURES  AND  A  TIMEFRAME  FOR
 BUSINESS  ENTITIES  TO  SUBMIT APPLICATIONS. AS PART OF THE APPLICATION,
 EACH BUSINESS ENTITY MUST:
   (A) PROVIDE EVIDENCE IN A FORM AND MANNER PRESCRIBED  BY  THE  COMMIS-
 SIONER OF THEIR BUSINESS ELIGIBILITY;
   (B) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE THE
 BUSINESS  ENTITY'S  TAX  INFORMATION  WITH  THE DEPARTMENT. HOWEVER, ANY
 INFORMATION SHARED AS A RESULT OF THIS PROGRAM SHALL  NOT  BE  AVAILABLE
 FOR DISCLOSURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW;
   (C)  AGREE  TO  ALLOW  THE  DEPARTMENT  OF  LABOR TO SHARE ITS TAX AND
 EMPLOYER INFORMATION  WITH  THE  DEPARTMENT.  HOWEVER,  ANY  INFORMATION
 SHARED AS A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE FOR DISCLOSURE
 OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW;
   (D)  ALLOW  THE  DEPARTMENT AND ITS AGENTS ACCESS TO ANY AND ALL BOOKS
 AND RECORDS THE DEPARTMENT MAY REQUIRE TO MONITOR COMPLIANCE;
   (E) CERTIFY, UNDER PENALTY OF  PERJURY,  THAT  IT  IS  IN  SUBSTANTIAL
 COMPLIANCE  WITH  ALL  EMERGENCY  ORDERS  OR  PUBLIC  HEALTH REGULATIONS
 CURRENTLY REQUIRED OF SUCH ENTITY, AND LOCAL, AND STATE TAX LAWS; AND
   (F) AGREE TO  PROVIDE  ANY  ADDITIONAL  INFORMATION  REQUIRED  BY  THE
 DEPARTMENT RELEVANT TO THIS ARTICLE.
   3. AFTER REVIEWING A BUSINESS ENTITY'S COMPLETED FINAL APPLICATION AND
 DETERMINING  THAT  THE BUSINESS ENTITY MEETS THE ELIGIBILITY CRITERIA AS
 SET FORTH IN THIS ARTICLE, THE DEPARTMENT MAY  ISSUE  TO  THAT  BUSINESS
 ENTITY  A CERTIFICATE OF TAX CREDIT. A BUSINESS ENTITY MAY CLAIM THE TAX

 S. 2508--B                         157
 
 CREDIT IN THE TAXABLE YEAR  THAT  INCLUDES  DECEMBER  THIRTY-FIRST,  TWO
 THOUSAND TWENTY-ONE.
   §  465. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. 1. A BUSINESS ENTITY
 IN THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM THAT  MEETS  THE
 ELIGIBILITY  REQUIREMENTS  OF  SECTION  FOUR HUNDRED SIXTY-THREE OF THIS
 ARTICLE MAY BE ELIGIBLE TO CLAIM A CREDIT EQUAL TO FIVE THOUSAND DOLLARS
 PER EACH FULL-TIME EQUIVALENT NET EMPLOYEE INCREASE AS DEFINED IN SUBDI-
 VISION TEN OF SECTION FOUR HUNDRED SIXTY-TWO OF THIS ARTICLE.
   2. A BUSINESS  ENTITY,  INCLUDING  A  PARTNERSHIP,  LIMITED  LIABILITY
 COMPANY AND SUBCHAPTER S CORPORATION, MAY NOT RECEIVE IN EXCESS OF FIFTY
 THOUSAND DOLLARS IN TAX CREDITS UNDER THIS PROGRAM.
   3.  THE  CREDIT  SHALL  BE  ALLOWED AS PROVIDED IN SECTION FORTY-FIVE,
 SUBDIVISION FIFTY-FIVE OF SECTION TWO HUNDRED TEN-B AND SUBSECTION (KKK)
 OF SECTION SIX HUNDRED SIX OF THE TAX LAW.
   § 466. POWERS AND DUTIES OF THE COMMISSIONER. 1. THE COMMISSIONER  MAY
 PROMULGATE REGULATIONS ESTABLISHING AN APPLICATION PROCESS AND ELIGIBIL-
 ITY  CRITERIA, THAT WILL BE APPLIED CONSISTENT WITH THE PURPOSES OF THIS
 ARTICLE, SO AS NOT TO EXCEED THE ANNUAL CAP ON TAX CREDITS SET FORTH  IN
 SECTION  FOUR  HUNDRED SIXTY-NINE OF THIS ARTICLE WHICH, NOTWITHSTANDING
 ANY PROVISIONS TO THE CONTRARY IN  THE  STATE  ADMINISTRATIVE  PROCEDURE
 ACT, MAY BE ADOPTED ON AN EMERGENCY BASIS.
   2.  THE  COMMISSIONER  SHALL,  IN  CONSULTATION WITH THE DEPARTMENT OF
 TAXATION AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT THAT SHALL  BE
 ISSUED  BY  THE  COMMISSIONER  TO  ELIGIBLE BUSINESSES. SUCH CERTIFICATE
 SHALL CONTAIN SUCH INFORMATION AS REQUIRED BY THE DEPARTMENT OF TAXATION
 AND FINANCE.
   3. THE COMMISSIONER SHALL SOLELY  DETERMINE  THE  ELIGIBILITY  OF  ANY
 APPLICANT APPLYING FOR ENTRY INTO THE PROGRAM AND SHALL REMOVE ANY BUSI-
 NESS ENTITY FROM THE PROGRAM FOR FAILING TO MEET ANY OF THE REQUIREMENTS
 SET  FORTH  IN  SECTION FOUR HUNDRED SIXTY-THREE OF THIS ARTICLE, OR FOR
 FAILING TO MEET THE REQUIREMENTS SET FORTH IN SUBDIVISION ONE OF SECTION
 FOUR HUNDRED SIXTY-FOUR OF THIS ARTICLE.
   § 467. MAINTENANCE OF RECORDS. EACH BUSINESS ENTITY  PARTICIPATING  IN
 THE  PROGRAM  SHALL  KEEP  ALL  RELEVANT  RECORDS  FOR THEIR DURATION OF
 PROGRAM PARTICIPATION FOR AT LEAST THREE YEARS.
   § 468. REPORTING. EACH BUSINESS ENTITY PARTICIPATING IN  THIS  PROGRAM
 MUST  SUBMIT A PERFORMANCE REPORT TO THE DEPARTMENT AT A TIME PRESCRIBED
 IN REGULATIONS BY THE COMMISSIONER.
   § 469. CAP ON TAX CREDIT. THE TOTAL AMOUNT OF TAX  CREDITS  LISTED  ON
 CERTIFICATES  OF  TAX CREDIT ISSUED BY THE COMMISSIONER PURSUANT TO THIS
 ARTICLE MAY NOT EXCEED FIFTY MILLION DOLLARS.
   § 2. The tax law is amended by adding a new  section  45  to  read  as
 follows:
   § 45. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CRED-
 IT. A TAXPAYER SUBJECT TO TAX UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS
 CHAPTER  SHALL  BE  ALLOWED  A  CREDIT AGAINST SUCH TAX, PURSUANT TO THE
 PROVISIONS REFERENCED IN SUBDIVISION (F) OF THIS SECTION. THE AMOUNT  OF
 THE  CREDIT  IS  EQUAL TO THE AMOUNT DETERMINED PURSUANT TO SECTION FOUR
 HUNDRED SIXTY-FIVE OF THE ECONOMIC DEVELOPMENT LAW. NO COST  OR  EXPENSE
 PAID OR INCURRED BY THE TAXPAYER WHICH IS INCLUDED AS PART OF THE CALCU-
 LATION OF THIS CREDIT SHALL BE THE BASIS OF ANY OTHER TAX CREDIT ALLOWED
 UNDER THIS CHAPTER.
   (B)  ELIGIBILITY. TO BE ELIGIBLE FOR THE SMALL BUSINESS RETURN-TO-WORK
 TAX CREDIT, THE TAXPAYER SHALL HAVE BEEN ISSUED  A  CERTIFICATE  OF  TAX
 CREDIT BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO SUBDIVISION
 TWO  OF SECTION FOUR HUNDRED SIXTY-FOUR OF THE ECONOMIC DEVELOPMENT LAW,

 S. 2508--B                         158
 
 WHICH CERTIFICATE SHALL SET FORTH THE AMOUNT OF THE CREDIT THAT  MAY  BE
 CLAIMED  FOR  THE  TAXABLE  YEAR. THE TAXPAYER SHALL BE ALLOWED TO CLAIM
 ONLY THE AMOUNT LISTED ON THE CERTIFICATE OF TAX CREDIT FOR THAT TAXABLE
 YEAR. A TAXPAYER THAT IS A PARTNER IN A PARTNERSHIP, MEMBER OF A LIMITED
 LIABILITY  COMPANY OR SHAREHOLDER IN A SUBCHAPTER S CORPORATION THAT HAS
 RECEIVED A CERTIFICATE OF TAX CREDIT SHALL BE ALLOWED ITS PRO RATA SHARE
 OF THE CREDIT EARNED BY THE PARTNERSHIP, LIMITED  LIABILITY  COMPANY  OR
 SUBCHAPTER S CORPORATION.
   (C)  TAX  RETURN REQUIREMENT. THE TAXPAYER SHALL BE REQUIRED TO ATTACH
 TO ITS TAX RETURN, IN THE FORM PRESCRIBED BY THE COMMISSIONER, PROOF  OF
 RECEIPT  OF  ITS CERTIFICATE OF TAX CREDIT ISSUED BY THE COMMISSIONER OF
 THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
   (D) INFORMATION SHARING. NOTWITHSTANDING ANY PROVISION OF  THIS  CHAP-
 TER, EMPLOYEES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPART-
 MENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE:
   (1)  INFORMATION  DERIVED FROM TAX RETURNS OR REPORTS THAT IS RELEVANT
 TO A  TAXPAYER'S  ELIGIBILITY  TO  PARTICIPATE  IN  THE  SMALL  BUSINESS
 RETURN-TO-WORK TAX CREDIT PROGRAM;
   (2)  INFORMATION  REGARDING THE CREDIT APPLIED FOR, ALLOWED OR CLAIMED
 PURSUANT TO THIS SECTION AND TAXPAYERS THAT ARE APPLYING FOR THE  CREDIT
 OR THAT ARE CLAIMING THE CREDIT; AND
   (3)  INFORMATION  CONTAINED  IN  OR  DERIVED  FROM  CREDIT CLAIM FORMS
 SUBMITTED TO THE DEPARTMENT AND  APPLICATIONS  FOR  ADMISSION  INTO  THE
 SMALL  BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM. EXCEPT AS PROVIDED IN
 PARAGRAPH TWO OF THIS SUBDIVISION, ALL INFORMATION EXCHANGED BETWEEN THE
 DEPARTMENT OF ECONOMIC DEVELOPMENT  AND  THE  DEPARTMENT  SHALL  NOT  BE
 SUBJECT  TO DISCLOSURE OR INSPECTION UNDER THE STATE'S FREEDOM OF INFOR-
 MATION LAW.
   (E) CREDIT RECAPTURE. IF A CERTIFICATE OF TAX  CREDIT  ISSUED  BY  THE
 DEPARTMENT  OF  ECONOMIC  DEVELOPMENT  UNDER  ARTICLE TWENTY-FOUR OF THE
 ECONOMIC DEVELOPMENT LAW IS REVOKED BY SUCH DEPARTMENT,  THE  AMOUNT  OF
 CREDIT  DESCRIBED  IN  THIS SECTION AND CLAIMED BY THE TAXPAYER PRIOR TO
 THAT REVOCATION SHALL BE ADDED BACK TO TAX IN THE TAXABLE YEAR IN  WHICH
 ANY SUCH REVOCATION BECOMES FINAL.
   (F)  CROSS  REFERENCES.  FOR APPLICATION OF THE CREDIT PROVIDED FOR IN
 THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
   (1) ARTICLE 9-A: SECTION 210-B, SUBDIVISION 55;
   (2) ARTICLE 22: SECTION 606, SUBSECTION (KKK).
   § 3. Section 210-B of the tax law is amended by adding a new  subdivi-
 sion 55 to read as follows:
   55. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CREDIT.
 A  TAXPAYER  SHALL  BE  ALLOWED  A CREDIT, TO BE COMPUTED AS PROVIDED IN
 SECTION FORTY-FIVE OF THIS CHAPTER, AGAINST THE TAXES  IMPOSED  BY  THIS
 ARTICLE.
   (B)  APPLICATION  OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
 FOR THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO  LESS
 THAN  THE  AMOUNT  PRESCRIBED  IN  PARAGRAPH  (D)  OF SUBDIVISION ONE OF
 SECTION TWO HUNDRED TEN OF THIS ARTICLE.   HOWEVER,  IF  THE  AMOUNT  OF
 CREDIT  ALLOWED  UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR REDUCES THE
 TAX TO SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX  BASED  ON  THE
 FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN
 SUCH  TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CRED-
 ITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE  THOU-
 SAND  EIGHTY-SIX  OF  THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF
 SUBSECTION (C) OF SECTION ONE  THOUSAND  EIGHTY-EIGHT  OF  THIS  CHAPTER
 NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.

 S. 2508--B                         159
 
   §  4. Section 606 of the tax law is amended by adding a new subsection
 (kkk) to read as follows:
   (KKK) SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. (1) ALLOWANCE OF CRED-
 IT.  A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN
 SECTION FORTY-FIVE OF THIS CHAPTER, AGAINST  THE  TAX  IMPOSED  BY  THIS
 ARTICLE.
   (2)  APPLICATION  OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER
 THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH
 YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT-
 ED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX  HUNDRED
 EIGHTY-SIX  OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST WILL BE
 PAID THEREON.
   § 5. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
 of  the  tax  law  is  amended  by adding a new clause (xlvi) to read as
 follows:
 (XLVI) SMALL BUSINESS                AMOUNT OF CREDIT UNDER
 RETURN-TO-WORK TAX                   SUBDIVISION FIFTY-FIVE
 CREDIT UNDER SUBSECTION (KKK)        OF SECTION TWO HUNDRED TEN-B
   § 6. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section 1. The economic development law is amended  by  adding  a  new
 article 25 to read as follows:
                                ARTICLE 25
               RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM
 SECTION 470. SHORT TITLE.
         471. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION.
         472. DEFINITIONS.
         473. ELIGIBILITY CRITERIA.
         474. APPLICATION AND APPROVAL PROCESS.
         475. RESTAURANT RETURN-TO-WORK TAX CREDIT.
         476. POWERS AND DUTIES OF THE COMMISSIONER.
         477. MAINTENANCE OF RECORDS.
         478. REPORTING.
         479. CAP ON TAX CREDIT.
   §  470.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM ACT".
   § 471. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION. IT IS HEREBY
 FOUND AND DECLARED THAT NEW YORK STATE NEEDS,  AS  A  MATTER  OF  PUBLIC
 POLICY,  TO  CREATE  FINANCIAL  INCENTIVES  FOR  RESTAURANTS  THAT  HAVE
 SUFFERED ECONOMIC HARM AS A RESULT OF THE  COVID-19  PANDEMIC  TO  EXPE-
 DITIOUSLY  REHIRE  WORKERS AND INCREASE TOTAL EMPLOYMENT. THE RESTAURANT
 RETURN-TO-WORK TAX CREDIT PROGRAM IS CREATED TO PROVIDE FINANCIAL INCEN-
 TIVES TO ECONOMICALLY HARMED RESTAURANTS TO OFFER RELIEF, EXPEDITE THEIR
 HIRING EFFORTS, AND REDUCE THE DURATION  AND  SEVERITY  OF  THE  CURRENT
 ECONOMIC DIFFICULTIES.
   § 472. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1.  "AVERAGE  FULL-TIME  EMPLOYMENT"  SHALL MEAN THE AVERAGE NUMBER OF
 FULL-TIME EQUIVALENT POSITIONS EMPLOYED  BY  A  BUSINESS  ENTITY  IN  AN
 ELIGIBLE INDUSTRY DURING A GIVEN PERIOD.
   2.  "AVERAGE STARTING FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS THE
 AVERAGE NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A  BUSINESS
 ENTITY IN AN ELIGIBLE INDUSTRY BETWEEN JANUARY FIRST, TWO THOUSAND TWEN-
 TY-ONE, AND MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-ONE.

 S. 2508--B                         160
 
   3.  "AVERAGE  ENDING  FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS THE
 AVERAGE NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A  BUSINESS
 ENTITY  IN  AN ELIGIBLE INDUSTRY BETWEEN APRIL FIRST, TWO THOUSAND TWEN-
 TY-ONE, AND EITHER AUGUST  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-ONE,  OR
 DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, WHICHEVER DATE THE BUSI-
 NESS ENTITY CHOOSES TO USE.
   4. "CERTIFICATE OF TAX CREDIT" MEANS THE DOCUMENT ISSUED TO A BUSINESS
 ENTITY  BY  THE  DEPARTMENT  AFTER  THE DEPARTMENT HAS VERIFIED THAT THE
 BUSINESS ENTITY HAS MET ALL  APPLICABLE  ELIGIBILITY  CRITERIA  IN  THIS
 ARTICLE. THE CERTIFICATE SHALL SPECIFY THE EXACT AMOUNT OF THE TAX CRED-
 IT  UNDER  THIS  ARTICLE  THAT  A BUSINESS ENTITY MAY CLAIM, PURSUANT TO
 SECTION FOUR HUNDRED SEVENTY-FIVE OF THIS ARTICLE.
   5. "COMMISSIONER" SHALL MEAN COMMISSIONER OF THE DEPARTMENT OF ECONOM-
 IC DEVELOPMENT.
   6. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
   7. "ELIGIBLE INDUSTRY" MEANS A BUSINESS ENTITY OPERATING PREDOMINANTLY
 IN THE COVID-19 IMPACTED FOOD SERVICES SECTOR.
   8. "NET EMPLOYEE INCREASE" MEANS AN INCREASE OF AT LEAST ONE FULL-TIME
 EQUIVALENT EMPLOYEE BETWEEN THE AVERAGE  STARTING  FULL-TIME  EMPLOYMENT
 AND THE AVERAGE ENDING FULL-TIME EMPLOYMENT OF A BUSINESS ENTITY.
   9. "COVID-19 IMPACTED FOOD SERVICES SECTOR" MEANS:
   (A)  INDEPENDENTLY  OWNED  ESTABLISHMENTS  THAT ARE LOCATED INSIDE THE
 CITY OF NEW YORK AND HAVE BEEN SUBJECTED TO A BAN ON INDOOR  DINING  FOR
 OVER  SIX  MONTHS  AND  ARE  PRIMARILY  ORGANIZED TO PREPARE AND PROVIDE
 MEALS, AND/OR BEVERAGES TO  CUSTOMERS  FOR  CONSUMPTION,  INCLUDING  FOR
 IMMEDIATE  INDOOR  ON-PREMISES  CONSUMPTION, AS FURTHER DEFINED IN REGU-
 LATIONS PURSUANT TO THIS ARTICLE; AND
   (B) INDEPENDENTLY OWNED ESTABLISHMENTS THAT ARE LOCATED OUTSIDE OF THE
 CITY OF NEW YORK IN AN AREA WHICH HAS BEEN AND/OR REMAINS DESIGNATED  BY
 THE  DEPARTMENT  OF HEALTH AS EITHER AN ORANGE ZONE OR RED ZONE PURSUANT
 TO EXECUTIVE ORDER 202.68 AS AMENDED, AND FOR WHICH SUCH DESIGNATION WAS
 OR HAS BEEN IN EFFECT AND RESULTED IN ADDITIONAL RESTRICTIONS ON  INDOOR
 DINING FOR AT LEAST THIRTY CONSECUTIVE DAYS, AND ARE PRIMARILY ORGANIZED
 TO PREPARE AND PROVIDE MEALS, AND/OR BEVERAGES TO CUSTOMERS FOR CONSUMP-
 TION, INCLUDING FOR IMMEDIATE INDOOR ON-PREMISES CONSUMPTION, AS FURTHER
 DEFINED IN REGULATIONS PURSUANT TO THIS ARTICLE.
   §  473. ELIGIBILITY CRITERIA. 1. TO BE ELIGIBLE FOR A TAX CREDIT UNDER
 THE RESTAURANT RETURN-TO-WORK TAX  CREDIT  PROGRAM,  A  BUSINESS  ENTITY
 MUST:
   (A)  BE  A SMALL BUSINESS AS DEFINED IN SECTION ONE HUNDRED THIRTY-ONE
 OF THIS CHAPTER AND HAVE FEWER THAN ONE  HUNDRED  FULL-TIME  JOB  EQUIV-
 ALENTS IN NEW YORK STATE AS OF APRIL FIRST, TWO THOUSAND TWENTY-ONE;
   (B)  OPERATE  A  BUSINESS LOCATION IN NEW YORK STATE THAT IS PRIMARILY
 ORGANIZED TO ACCEPT PAYMENT FOR MEALS AND/OR  BEVERAGES  INCLUDING  FROM
 IN-PERSON CUSTOMERS;
   (C)  OPERATE  PREDOMINANTLY  IN  THE  COVID-19  IMPACTED FOOD SERVICES
 SECTOR; PROVIDED, HOWEVER,  THAT  THE  DEPARTMENT,  IN  ITS  REGULATIONS
 PROMULGATED  PURSUANT  TO THIS ARTICLE, SHALL HAVE THE AUTHORITY TO LIST
 CERTAIN TYPES OF ESTABLISHMENTS AS INELIGIBLE;
   (D) HAVE EXPERIENCED ECONOMIC HARM AS A RESULT OF THE  COVID-19  EMER-
 GENCY  AS EVIDENCED BY A YEAR-TO-YEAR DECREASE OF AT LEAST FORTY PERCENT
 IN NEW YORK STATE BETWEEN THE SECOND QUARTER OF  TWO  THOUSAND  NINETEEN
 AND  THE  SECOND  QUARTER OF TWO THOUSAND TWENTY OR THE THIRD QUARTER OF
 TWO THOUSAND NINETEEN AND THE THIRD QUARTER OF TWO THOUSAND  TWENTY  FOR
 ONE OR BOTH OF: (I) GROSS RECEIPTS OR (II) AVERAGE FULL-TIME EMPLOYMENT;
 AND

 S. 2508--B                         161
 
   (E) HAVE DEMONSTRATED A NET EMPLOYEE INCREASE.
   2. A BUSINESS ENTITY MUST BE IN SUBSTANTIAL COMPLIANCE WITH ANY PUBLIC
 HEALTH  OR OTHER EMERGENCY ORDERS OR REGULATIONS RELATED TO THE ENTITY'S
 SECTOR OR OTHER LAWS AND REGULATIONS AS DETERMINED BY THE  COMMISSIONER.
 IN ADDITION, A BUSINESS ENTITY MAY NOT OWE PAST DUE STATE TAXES OR LOCAL
 PROPERTY TAXES UNLESS THE BUSINESS ENTITY IS MAKING PAYMENTS AND COMPLY-
 ING  WITH  AN  APPROVED  BINDING PAYMENT AGREEMENT ENTERED INTO WITH THE
 TAXING AUTHORITY.
   § 474. APPLICATION AND APPROVAL PROCESS. 1.  A  BUSINESS  ENTITY  MUST
 SUBMIT A COMPLETE APPLICATION AS PRESCRIBED BY THE COMMISSIONER.
   2.  THE  COMMISSIONER  SHALL  ESTABLISH PROCEDURES AND A TIMEFRAME FOR
 BUSINESS ENTITIES TO SUBMIT APPLICATIONS. AS PART  OF  THE  APPLICATION,
 EACH BUSINESS ENTITY MUST:
   (A)  PROVIDE  EVIDENCE  IN A FORM AND MANNER PRESCRIBED BY THE COMMIS-
 SIONER OF THEIR BUSINESS ELIGIBILITY;
   (B) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE THE
 BUSINESS ENTITY'S TAX INFORMATION  WITH  THE  DEPARTMENT.  HOWEVER,  ANY
 INFORMATION  SHARED  AS  A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE
 FOR DISCLOSURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW;
   (C) AGREE TO ALLOW THE DEPARTMENT  OF  LABOR  TO  SHARE  ITS  TAX  AND
 EMPLOYER  INFORMATION  WITH  THE  DEPARTMENT.  HOWEVER,  ANY INFORMATION
 SHARED AS A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE FOR DISCLOSURE
 OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW;
   (D) ALLOW THE DEPARTMENT AND ITS AGENTS ACCESS TO ANY  AND  ALL  BOOKS
 AND RECORDS THE DEPARTMENT MAY REQUIRE TO MONITOR COMPLIANCE;
   (E)  CERTIFY,  UNDER  PENALTY  OF  PERJURY,  THAT IT IS IN SUBSTANTIAL
 COMPLIANCE WITH  ALL  EMERGENCY  ORDERS  OR  PUBLIC  HEALTH  REGULATIONS
 CURRENTLY REQUIRED OF SUCH ENTITY, AND LOCAL, AND STATE TAX LAWS; AND
   (F)  AGREE  TO  PROVIDE  ANY  ADDITIONAL  INFORMATION  REQUIRED BY THE
 DEPARTMENT RELEVANT TO THIS ARTICLE.
   3. AFTER REVIEWING A BUSINESS ENTITY'S COMPLETED FINAL APPLICATION AND
 DETERMINING THAT THE BUSINESS ENTITY MEETS THE ELIGIBILITY  CRITERIA  AS
 SET  FORTH  IN  THIS  ARTICLE, THE DEPARTMENT MAY ISSUE TO THAT BUSINESS
 ENTITY A CERTIFICATE OF TAX CREDIT. A BUSINESS ENTITY MAY CLAIM THE  TAX
 CREDIT  IN  THE  TAXABLE  YEAR  THAT INCLUDES DECEMBER THIRTY-FIRST, TWO
 THOUSAND TWENTY-ONE.
   § 475. RESTAURANT RETURN-TO-WORK TAX CREDIT. 1. A BUSINESS  ENTITY  IN
 THE  RESTAURANT  RETURN-TO-WORK TAX CREDIT PROGRAM THAT MEETS THE ELIGI-
 BILITY REQUIREMENTS OF SECTION FOUR HUNDRED SEVENTY-THREE OF THIS  ARTI-
 CLE MAY BE ELIGIBLE TO CLAIM A CREDIT EQUAL TO FIVE THOUSAND DOLLARS PER
 EACH  FULL-TIME  EQUIVALENT NET EMPLOYEE INCREASE AS DEFINED IN SUBDIVI-
 SION EIGHT OF SECTION FOUR HUNDRED SEVENTY-TWO OF THIS ARTICLE.
   2. A BUSINESS  ENTITY,  INCLUDING  A  PARTNERSHIP,  LIMITED  LIABILITY
 COMPANY AND SUBCHAPTER S CORPORATION, MAY NOT RECEIVE IN EXCESS OF FIFTY
 THOUSAND DOLLARS IN TAX CREDITS UNDER THIS PROGRAM.
   3.  THE  CREDIT  SHALL  BE  ALLOWED AS PROVIDED IN SECTIONS FORTY-SIX,
 SUBDIVISION FIFTY-SIX OF SECTION TWO HUNDRED TEN-B AND SUBSECTION  (LLL)
 OF SECTION SIX HUNDRED SIX OF THE TAX LAW.
   §  476. POWERS AND DUTIES OF THE COMMISSIONER. 1. THE COMMISSIONER MAY
 PROMULGATE REGULATIONS ESTABLISHING AN APPLICATION PROCESS AND ELIGIBIL-
 ITY CRITERIA, THAT WILL BE APPLIED CONSISTENT WITH THE PURPOSES OF  THIS
 ARTICLE,  SO AS NOT TO EXCEED THE ANNUAL CAP ON TAX CREDITS SET FORTH IN
 SECTION FOUR HUNDRED SEVENTY-NINE OF THIS ARTICLE WHICH, NOTWITHSTANDING
 ANY PROVISIONS TO THE CONTRARY IN  THE  STATE  ADMINISTRATIVE  PROCEDURE
 ACT, MAY BE ADOPTED ON AN EMERGENCY BASIS.

 S. 2508--B                         162
 
   2.  THE  COMMISSIONER  SHALL,  IN  CONSULTATION WITH THE DEPARTMENT OF
 TAXATION AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT THAT SHALL  BE
 ISSUED  BY  THE  COMMISSIONER  TO  ELIGIBLE BUSINESSES. SUCH CERTIFICATE
 SHALL CONTAIN SUCH INFORMATION AS REQUIRED BY THE DEPARTMENT OF TAXATION
 AND FINANCE.
   3.  THE  COMMISSIONER  SHALL  SOLELY  DETERMINE THE ELIGIBILITY OF ANY
 APPLICANT APPLYING FOR ENTRY INTO THE PROGRAM AND SHALL REMOVE ANY BUSI-
 NESS ENTITY FROM THE PROGRAM FOR FAILING TO MEET ANY OF THE REQUIREMENTS
 SET FORTH IN SECTION FOUR HUNDRED SEVENTY-THREE OF THIS ARTICLE, OR  FOR
 FAILING TO MEET THE REQUIREMENTS SET FORTH IN SUBDIVISION ONE OF SECTION
 FOUR HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
   §  477.  MAINTENANCE OF RECORDS. EACH BUSINESS ENTITY PARTICIPATING IN
 THE PROGRAM SHALL KEEP  ALL  RELEVANT  RECORDS  FOR  THEIR  DURATION  OF
 PROGRAM PARTICIPATION FOR AT LEAST THREE YEARS.
   §  478.  REPORTING. EACH BUSINESS ENTITY PARTICIPATING IN THIS PROGRAM
 MUST SUBMIT A PERFORMANCE REPORT TO THE DEPARTMENT AT A TIME  PRESCRIBED
 IN REGULATIONS BY THE COMMISSIONER.
   §  479.  CAP  ON TAX CREDIT. THE TOTAL AMOUNT OF TAX CREDITS LISTED ON
 CERTIFICATES OF TAX CREDIT ISSUED BY THE COMMISSIONER PURSUANT  TO  THIS
 ARTICLE MAY NOT EXCEED FIFTY MILLION DOLLARS.
   §  2.  The  tax  law  is amended by adding a new section 46 to read as
 follows:
   § 46. RESTAURANT RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CREDIT. A
 TAXPAYER SUBJECT TO TAX UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAP-
 TER SHALL BE  ALLOWED  A  CREDIT  AGAINST  SUCH  TAX,  PURSUANT  TO  THE
 PROVISIONS  REFERENCED IN SUBDIVISION (F) OF THIS SECTION. THE AMOUNT OF
 THE CREDIT IS EQUAL TO THE AMOUNT DETERMINED PURSUANT  TO  SECTION  FOUR
 HUNDRED SEVENTY-FIVE OF THE ECONOMIC DEVELOPMENT LAW. NO COST OR EXPENSE
 PAID OR INCURRED BY THE TAXPAYER WHICH IS INCLUDED AS PART OF THE CALCU-
 LATION OF THIS CREDIT SHALL BE THE BASIS OF ANY OTHER TAX CREDIT ALLOWED
 UNDER THIS CHAPTER.
   (B)  ELIGIBILITY. TO BE ELIGIBLE FOR THE RESTAURANT RETURN-TO-WORK TAX
 CREDIT, THE TAXPAYER SHALL HAVE BEEN ISSUED A CERTIFICATE OF TAX  CREDIT
 BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO SUBDIVISION TWO OF
 SECTION FOUR HUNDRED SEVENTY-FOUR OF THE ECONOMIC DEVELOPMENT LAW, WHICH
 CERTIFICATE SHALL SET FORTH THE AMOUNT OF THE CREDIT THAT MAY BE CLAIMED
 FOR  THE  TAXABLE  YEAR. THE TAXPAYER SHALL BE ALLOWED TO CLAIM ONLY THE
 AMOUNT LISTED ON THE CERTIFICATE OF TAX CREDIT FOR THAT TAXABLE YEAR.  A
 TAXPAYER THAT IS A PARTNER IN A PARTNERSHIP, MEMBER OF A LIMITED LIABIL-
 ITY  COMPANY  OR  SHAREHOLDER  IN  A  SUBCHAPTER  S CORPORATION THAT HAS
 RECEIVED A CERTIFICATE OF TAX CREDIT SHALL BE ALLOWED ITS PRO RATA SHARE
 OF THE CREDIT EARNED BY THE PARTNERSHIP, LIMITED  LIABILITY  COMPANY  OR
 SUBCHAPTER S CORPORATION.
   (C) TAX RETURN REQUIREMENT AND ADVANCE PAYMENT OPTION. (1) THE TAXPAY-
 ER  SHALL BE REQUIRED TO ATTACH TO ITS TAX RETURN IN THE FORM PRESCRIBED
 BY THE COMMISSIONER, PROOF OF RECEIPT OF ITS CERTIFICATE OF  TAX  CREDIT
 ISSUED BY THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
   (2)  TAXPAYERS  WHO  CHOOSE  TO  USE AUGUST THIRTY-FIRST, TWO THOUSAND
 TWENTY-ONE AS THE LAST DATE TO CALCULATE THEIR AVERAGE ENDING  FULL-TIME
 EMPLOYMENT AND HAVE RECEIVED THEIR CERTIFICATE OF TAX CREDIT BY NOVEMBER
 FIFTEENTH,  TWO  THOUSAND TWENTY-ONE SHALL HAVE THE OPTION TO REQUEST AN
 ADVANCE PAYMENT OF THE AMOUNT OF TAX CREDIT THEY ARE ALLOWED UNDER  THIS
 SECTION.  A  TAXPAYER  MUST SUBMIT SUCH REQUEST TO THE DEPARTMENT IN THE
 MANNER PRESCRIBED BY THE COMMISSIONER AFTER IT HAS BEEN ISSUED A CERTIF-
 ICATE OF TAX CREDIT BY THE DEPARTMENT OF ECONOMIC  DEVELOPMENT  PURSUANT
 TO  SUBDIVISION TWO OF SECTION FOUR HUNDRED SEVENTY-FOUR OF THE ECONOMIC

 S. 2508--B                         163
 
 DEVELOPMENT LAW (OR SUCH CERTIFICATE HAS BEEN ISSUED TO  A  PARTNERSHIP,
 LIMITED  LIABILITY  COMPANY OR SUBCHAPTER S CORPORATION IN WHICH IT IS A
 PARTNER, MEMBER OR SHAREHOLDER, RESPECTIVELY), BUT SUCH REQUEST MUST  BE
 SUBMITTED NO LATER THAN NOVEMBER FIFTEENTH, TWO THOUSAND TWENTY-ONE. FOR
 THOSE  TAXPAYERS  WHO HAVE REQUESTED AN ADVANCE PAYMENT AND FOR WHOM THE
 COMMISSIONER HAS DETERMINED ELIGIBLE FOR THIS CREDIT,  THE  COMMISSIONER
 SHALL  ADVANCE  A  PAYMENT  OF  THE  TAX CREDIT ALLOWED TO THE TAXPAYER.
 HOWEVER, IN THE CASE OF A TAXPAYER SUBJECT TO  ARTICLE  NINE-A  OF  THIS
 CHAPTER,  SUCH PAYMENT SHALL BE EQUAL TO THE AMOUNT OF CREDIT ALLOWED TO
 THE TAXPAYER LESS TWENTY-FIVE DOLLARS.  SUCH TWENTY-FIVE  DOLLARS  SHALL
 REPRESENT  A  PARTIAL  PAYMENT OF TAX OWED BY THE TAXPAYER UNDER ARTICLE
 NINE-A, INCLUDING ANY FIXED DOLLAR MINIMUM OWED UNDER PARAGRAPH  (D)  OF
 SUBDIVISION  ONE  OF  SECTION  TWO  HUNDRED  TEN OF THIS CHAPTER. WHEN A
 TAXPAYER FILES ITS RETURN FOR THE  TAXABLE  YEAR,  SUCH  TAXPAYER  SHALL
 PROPERLY  RECONCILE THE ADVANCE PAYMENT AND ANY PARTIAL PAYMENT OF FIXED
 DOLLAR MINIMUM TAX, IF APPLICABLE, ON THE TAXPAYER'S RETURN.
   (D) INFORMATION SHARING. NOTWITHSTANDING ANY PROVISION OF  THIS  CHAP-
 TER, EMPLOYEES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPART-
 MENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE:
   (1)  INFORMATION  DERIVED FROM TAX RETURNS OR REPORTS THAT IS RELEVANT
 TO A TAXPAYER'S ELIGIBILITY TO PARTICIPATE IN THE RESTAURANT  RETURN-TO-
 WORK TAX CREDIT PROGRAM;
   (2)  INFORMATION  REGARDING THE CREDIT APPLIED FOR, ALLOWED OR CLAIMED
 PURSUANT TO THIS SECTION AND TAXPAYERS THAT ARE APPLYING FOR THE  CREDIT
 OR THAT ARE CLAIMING THE CREDIT; AND
   (3)  INFORMATION  CONTAINED  IN  OR  DERIVED  FROM  CREDIT CLAIM FORMS
 SUBMITTED TO THE DEPARTMENT AND  APPLICATIONS  FOR  ADMISSION  INTO  THE
 RESTAURANT  RETURN-TO-WORK  TAX  CREDIT  PROGRAM.  EXCEPT AS PROVIDED IN
 PARAGRAPH TWO OF THIS SUBDIVISION, ALL INFORMATION EXCHANGED BETWEEN THE
 DEPARTMENT OF ECONOMIC DEVELOPMENT  AND  THE  DEPARTMENT  SHALL  NOT  BE
 SUBJECT  TO DISCLOSURE OR INSPECTION UNDER THE STATE'S FREEDOM OF INFOR-
 MATION LAW.
   (E) CREDIT RECAPTURE. IF A CERTIFICATE OF TAX  CREDIT  ISSUED  BY  THE
 DEPARTMENT  OF  ECONOMIC  DEVELOPMENT  UNDER  ARTICLE TWENTY-FIVE OF THE
 ECONOMIC DEVELOPMENT LAW IS REVOKED BY SUCH DEPARTMENT,  THE  AMOUNT  OF
 CREDIT  DESCRIBED  IN  THIS SECTION AND CLAIMED BY THE TAXPAYER PRIOR TO
 THAT REVOCATION SHALL BE ADDED BACK TO TAX IN THE TAXABLE YEAR IN  WHICH
 ANY SUCH REVOCATION BECOMES FINAL.
   (F)  CROSS  REFERENCES.  FOR APPLICATION OF THE CREDIT PROVIDED FOR IN
 THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
   (1) ARTICLE 9-A: SECTION 210-B, SUBDIVISION 56;
   (2) ARTICLE 22: SECTION 606, SUBSECTION (LLL).
   § 3. Section 210-B of the tax law is amended by adding a new  subdivi-
 sion 56 to read as follows:
   56.  RESTAURANT  RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CREDIT. A
 TAXPAYER SHALL BE ALLOWED A  CREDIT,  TO  BE  COMPUTED  AS  PROVIDED  IN
 SECTION  FORTY-SIX  OF  THIS  CHAPTER, AGAINST THE TAXES IMPOSED BY THIS
 ARTICLE.
   (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER  THIS  SUBDIVISION
 FOR  THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
 THAN THE AMOUNT PRESCRIBED  IN  PARAGRAPH  (D)  OF  SUBDIVISION  ONE  OF
 SECTION  TWO  HUNDRED  TEN  OF THIS ARTICLE.   HOWEVER, IF THE AMOUNT OF
 CREDIT ALLOWED UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR  REDUCES  THE
 TAX  TO  SUCH  AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE
 FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN
 SUCH TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE  CRED-

 S. 2508--B                         164
 
 ITED  OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOU-
 SAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER,  THE  PROVISIONS  OF
 SUBSECTION  (C)  OF  SECTION  ONE  THOUSAND EIGHTY-EIGHT OF THIS CHAPTER
 NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.
   §  4. Section 606 of the tax law is amended by adding a new subsection
 (lll) to read as follows:
   (LLL) RESTAURANT RETURN-TO-WORK TAX CREDIT. (1) ALLOWANCE  OF  CREDIT.
 A  TAXPAYER  SHALL  BE  ALLOWED  A CREDIT, TO BE COMPUTED AS PROVIDED IN
 SECTION FORTY-SIX OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTI-
 CLE.
   (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT  ALLOWED  UNDER
 THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH
 YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT-
 ED  OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED
 EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST WILL  BE
 PAID THEREON.
   §  5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
 of the tax law is amended by adding a new  clause  (xlvii)  to  read  as
 follows:
 (XLVII) RESTAURANT RETURN-TO-WORK    AMOUNT OF CREDIT UNDER
 TAX CREDIT UNDER                     SUBDIVISION FIFTY-SIX OF
 SUBSECTION (LLL)                      SECTION TWO HUNDRED TEN-B
   § 6. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section 1. The tax law is amended by adding a new section 24-c to read
 as follows:
   §  24-C.  NEW  YORK CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT.
 (A) ALLOWANCE OF CREDIT.  (1) A TAXPAYER THAT IS A  QUALIFIED  NEW  YORK
 CITY  MUSICAL AND THEATRICAL PRODUCTION COMPANY, OR IS A SOLE PROPRIETOR
 OF OR A MEMBER OF A PARTNERSHIP  THAT  IS  A  QUALIFIED  NEW  YORK  CITY
 MUSICAL  AND  THEATRICAL  PRODUCTION COMPANY, AND THAT IS SUBJECT TO TAX
 UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAPTER, SHALL BE  ALLOWED  A
 CREDIT  AGAINST  SUCH  TAX,  PURSUANT  TO  THE PROVISIONS REFERRED TO IN
 SUBDIVISION (D) OF THIS SECTION, AND TO BE COMPUTED AS PROVIDED IN  THIS
 SECTION.
   (2)  THE  AMOUNT OF THE CREDIT SHALL BE THE PRODUCT (OR PRO RATA SHARE
 OF THE PRODUCT, IN THE CASE OF A MEMBER OF A PARTNERSHIP) OF TWENTY-FIVE
 PERCENT AND THE SUM OF THE QUALIFIED PRODUCTION  EXPENDITURES.  PROVIDED
 HOWEVER THAT THE AMOUNT OF THE CREDIT CANNOT EXCEED FIVE MILLION DOLLARS
 PER QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION.
   (3)  NO QUALIFIED PRODUCTION EXPENDITURES USED BY A TAXPAYER EITHER AS
 THE BASIS FOR THE ALLOWANCE OF THE  CREDIT  PROVIDED  PURSUANT  TO  THIS
 SECTION  OR  USED  IN THE CALCULATION OF THE CREDIT PROVIDED PURSUANT TO
 THIS SECTION SHALL BE USED BY SUCH TAXPAYER TO CLAIM  ANY  OTHER  CREDIT
 ALLOWED PURSUANT TO THIS CHAPTER.
   (4)  NO  QUALIFIED PRODUCTION EXPENDITURE REIMBURSED THROUGH A FEDERAL
 GRANT UNDER SECTION THREE HUNDRED TWENTY-FOUR  OF  THE  FEDERAL  CONSOL-
 IDATED  APPROPRIATIONS  ACT  OF  TWO THOUSAND TWENTY-ONE, REFERRED TO AS
 SAVE OUR STAGES, SHALL BE USED AS THE BASIS FOR  THE  ALLOWANCE  OF  THE
 CREDIT  PROVIDED  PURSUANT TO THIS SECTION OR USED IN THE CALCULATION OF
 THE CREDIT PROVIDED PURSUANT TO THIS SECTION.
   (B) DEFINITIONS. AS USED IN THIS SECTION, THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:

 S. 2508--B                         165
 
   (1)  "QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION" MEANS
 A FOR-PROFIT LIVE, DRAMATIC STAGE PRESENTATION THAT, IN ITS ORIGINAL  OR
 ADAPTIVE  VERSION,  IS PERFORMED IN A QUALIFIED NEW YORK CITY PRODUCTION
 FACILITY, WHETHER OR NOT SUCH PRODUCTION WAS PERFORMED  IN  A  QUALIFIED
 NEW  YORK  CITY PRODUCTION FACILITY PRIOR TO MARCH TWELFTH, TWO THOUSAND
 TWENTY.
   (2) "QUALIFIED PRODUCTION EXPENDITURE" MEANS ANY  COSTS  FOR  TANGIBLE
 PROPERTY  USED  AND SERVICES PERFORMED DIRECTLY AND PREDOMINANTLY IN THE
 PRODUCTION  OF  A  QUALIFIED  NEW  YORK  CITY  MUSICAL  AND   THEATRICAL
 PRODUCTION,  INCLUDING:  (I)  EXPENDITURES  FOR DESIGN, CONSTRUCTION AND
 OPERATION,  INCLUDING  SETS,  SPECIAL  AND  VISUAL  EFFECTS,   COSTUMES,
 WARDROBES,  MAKE-UP, ACCESSORIES AND COSTS ASSOCIATED WITH SOUND, LIGHT-
 ING, AND STAGING; (II) ALL SALARIES, WAGES, FEES, AND OTHER COMPENSATION
 INCLUDING RELATED BENEFITS FOR SERVICES PERFORMED; (III)  TECHNICAL  AND
 CREW  PRODUCTION  COSTS,  SUCH  AS EXPENDITURES FOR A QUALIFIED NEW YORK
 CITY PRODUCTION FACILITY, OR ANY PART THEREOF, PHYSICAL PRODUCTION STOR-
 AGE SPACES, REHEARSAL SPACES, PROPS, MAKE-UP, WARDROBE, COSTUMES, EQUIP-
 MENT  USED  FOR  SPECIAL  AND  VISUAL  EFFECTS,  SOUND  RECORDING,   SET
 CONSTRUCTION,  AND  LIGHTING; (IV) COSTS DIRECTLY ATTRIBUTABLE TO ADVER-
 TISING, MARKETING AND PUBLICITY; (V) EXPENDITURES INCURRED ON OR  BEFORE
 THE END OF THE TWELFTH WEEK OF PUBLIC PERFORMANCES OCCURRING AFTER JANU-
 ARY,  TWO  THOUSAND TWENTY-ONE; (VI) EXPENSES IN CONNECTION WITH HYGIENE
 AND SAFETY MEASURES  RELATED  TO  COVID-19  PREVENTION;  AND  (VII)  ALL
 EXPENDITURES  PURSUANT TO THIS PARAGRAPH THAT WERE INCURRED AFTER FEBRU-
 ARY, TWO THOUSAND TWENTY IN CONNECTION WITH A CLOSING,  ONGOING  SUSPEN-
 SION, REMOUNTING, AND PUBLIC PERFORMANCES OF A PRODUCTION THAT CLOSED IN
 MARCH, TWO THOUSAND TWENTY DUE TO COVID-19 AND WHICH REOPENS AFTER JANU-
 ARY, TWO THOUSAND TWENTY-ONE.
   (3)  "QUALIFIED  NEW  YORK  CITY PRODUCTION FACILITY" MEANS A FACILITY
 LOCATED WITHIN THE CITY  OF  NEW  YORK  (I)  IN  WHICH  LIVE  THEATRICAL
 PRODUCTIONS  ARE  OR  ARE  INTENDED TO BE PRIMARILY PRESENTED, (II) THAT
 CONTAINS AT LEAST ONE STAGE, A SEATING CAPACITY OF FIVE HUNDRED OR  MORE
 SEATS,  AND DRESSING ROOMS, STORAGE AREAS, AND OTHER ANCILLARY AMENITIES
 NECESSARY FOR  THE  QUALIFIED  NEW  YORK  CITY  MUSICAL  AND  THEATRICAL
 PRODUCTION,  AND  (III)  FOR WHICH RECEIPTS ATTRIBUTABLE TO TICKET SALES
 CONSTITUTE SEVENTY-FIVE PERCENT OR MORE OF GROSS RECEIPTS OF THE FACILI-
 TY.
   (4) "QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION  COMPA-
 NY"  IS A CORPORATION, PARTNERSHIP, LIMITED PARTNERSHIP, OR OTHER ENTITY
 OR INDIVIDUAL WHICH IS OR WHO IS PRINCIPALLY ENGAGED IN  THE  PRODUCTION
 OF A QUALIFIED NEW YORK CITY MUSICAL OR THEATRICAL PRODUCTION THAT IS TO
 BE PERFORMED IN A QUALIFIED NEW YORK CITY PRODUCTION FACILITY.
   (C)  CROSS-REFERENCES.  FOR  APPLICATION OF THE CREDIT PROVIDED FOR IN
 THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
   (1) ARTICLE 9-A: SECTION 210-B: SUBDIVISION 57;
   (2) ARTICLE 22: SECTION 606: SUBSECTION (MMM).
   (D) NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER, (I)  EMPLOYEES  AND
 OFFICERS  OF  THE  DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPARTMENT
 SHALL BE ALLOWED AND ARE DIRECTED  TO  SHARE  AND  EXCHANGE  INFORMATION
 REGARDING  THE CREDITS APPLIED FOR, ALLOWED, OR CLAIMED PURSUANT TO THIS
 SECTION AND TAXPAYERS WHO ARE APPLYING FOR CREDITS OR WHO  ARE  CLAIMING
 CREDITS, INCLUDING INFORMATION CONTAINED IN OR DERIVED FROM CREDIT CLAIM
 FORMS  SUBMITTED  TO  THE  DEPARTMENT AND APPLICATIONS FOR CERTIFICATION
 SUBMITTED TO THE  DEPARTMENT  OF  ECONOMIC  DEVELOPMENT,  AND  (II)  THE
 COMMISSIONER AND THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOP-
 MENT  MAY RELEASE THE NAMES AND ADDRESSES OF ANY QUALIFIED NEW YORK CITY

 S. 2508--B                         166
 
 MUSICAL AND THEATRICAL PRODUCTION COMPANY ENTITLED TO CLAIM THIS  CREDIT
 AND THE AMOUNT OF THE CREDIT EARNED BY SUCH COMPANY.
   (E) MAXIMUM AMOUNT OF CREDITS. (1) THE AGGREGATE AMOUNT OF TAX CREDITS
 ALLOWED  UNDER  THIS  SECTION,  SUBDIVISION  FIFTY-SEVEN  OF SECTION TWO
 HUNDRED TEN-B AND SUBSECTION (MMM) OF SECTION SIX HUNDRED  SIX  OF  THIS
 CHAPTER IN ANY CALENDAR YEAR SHALL BE FIFTY MILLION DOLLARS. SUCH AGGRE-
 GATE  AMOUNT OF CREDITS SHALL BE ALLOCATED BY THE DEPARTMENT OF ECONOMIC
 DEVELOPMENT AMONG TAXPAYERS IN ORDER OF PRIORITY BASED UPON THE DATE  OF
 FILING  AN  APPLICATION  FOR ALLOCATION OF THE NEW YORK CITY MUSICAL AND
 THEATRICAL PRODUCTION TAX CREDIT WITH  SUCH  DEPARTMENT.  IF  THE  TOTAL
 AMOUNT  OF ALLOCATED CREDITS APPLIED FOR IN ANY PARTICULAR CALENDAR YEAR
 EXCEEDS THE AGGREGATE AMOUNT OF TAX CREDITS ALLOWED FOR SUCH YEAR  UNDER
 THIS SECTION, SUCH EXCESS SHALL BE TREATED AS HAVING BEEN APPLIED FOR ON
 THE FIRST DAY OF THE SUBSEQUENT CALENDAR YEAR.
   (2)  THE  COMMISSIONER  OF ECONOMIC DEVELOPMENT, AFTER CONSULTING WITH
 THE COMMISSIONER, SHALL PROMULGATE REGULATIONS TO  ESTABLISH  PROCEDURES
 FOR  THE  ALLOCATION  OF  TAX  CREDITS AS REQUIRED BY THIS SECTION. SUCH
 RULES AND REGULATIONS SHALL INCLUDE PROVISIONS DESCRIBING  THE  APPLICA-
 TION  PROCESS,  THE  DUE DATES FOR SUCH APPLICATIONS, THE STANDARDS THAT
 WILL BE USED TO EVALUATE THE APPLICATIONS, THE DOCUMENTATION  THAT  WILL
 BE  PROVIDED  BY APPLICANTS TO SUBSTANTIATE TO THE DEPARTMENT THE AMOUNT
 OF QUALIFIED PRODUCTION EXPENDITURES OF SUCH APPLICANTS, AND SUCH  OTHER
 PROVISIONS  AS  DEEMED  NECESSARY  AND  APPROPRIATE. NOTWITHSTANDING ANY
 OTHER PROVISIONS TO THE CONTRARY IN THE STATE  ADMINISTRATIVE  PROCEDURE
 ACT, SUCH RULES AND REGULATIONS MAY BE ADOPTED ON AN EMERGENCY BASIS.
   (F)  ADDITIONS  TO  THE MAXIMUM AMOUNT OF CREDITS. IF APPLICATIONS FOR
 THE NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION TAX  CREDIT  DO  NOT
 EXCEED THE AGGREGATE AMOUNT OF CREDITS ALLOWED IN A GIVEN CALENDAR YEAR,
 SUCH  REMAINING  AMOUNTS SHALL BE ADDED TO THE AMOUNT OF CREDITS ALLOWED
 IN PARAGRAPH ONE OF SUBDIVISION (E) OF THIS SECTION FOR THE  IMMEDIATELY
 FOLLOWING CALENDAR YEAR.
   (G)  ANY  QUALIFIED  NEW  YORK  CITY MUSICAL AND THEATRICAL PRODUCTION
 COMPANY THAT PERFORMS IN A QUALIFIED NEW YORK CITY  PRODUCTION  FACILITY
 AND APPLIES TO RECEIVE A CREDIT UNDER THIS SECTION SHALL BE REQUIRED TO:
   (1)  PARTICIPATE  IN  A NEW YORK STATE DIVERSITY AND ARTS JOB TRAINING
 PROGRAM, WHICH MAY INCLUDE THE BROADWAY LEAGUE'S DIVERSITY AND INCLUSION
 FELLOWSHIP PROGRAM; (2) CREATE AND IMPLEMENT A PLAN TO ENSURE THAT THEIR
 PRODUCTION IS AVAILABLE AND ACCESSIBLE FOR LOW OR NO-COST TO LOW  INCOME
 NEW  YORKERS; AND (3) CONTRIBUTE TO THE NEW YORK STATE ARTS AND CULTURAL
 PROGRAMS FUND AN AMOUNT  UP  TO  FIFTY  PERCENT  OF  THE  TOTAL  CREDITS
 RECEIVED  IF  SUCH  PRODUCTION COMPANY EARNS REVENUE PROSPECTIVELY AFTER
 RECEIPT OF THE CREDIT THAT IS AT LEAST EQUAL TO TWO HUNDRED  PERCENT  OF
 ITS  PRODUCTION COSTS, WITH SUCH AMOUNT PAYABLE FROM TWENTY-FIVE PERCENT
 OF NET OPERATING PROFITS, SUCH AMOUNTS PAYABLE ON A  MONTHLY  BASIS,  UP
 UNTIL  SUCH  FIFTY  PERCENT  OF  THE TOTAL CREDIT AMOUNT IS REACHED. ANY
 FUNDS DEPOSITED PURSUANT TO THIS SUBDIVISION SHALL BE USED FOR ARTS  AND
 CULTURAL  EDUCATIONAL  AND  WORKFORCE DEVELOPMENT PROGRAMS IN-SCHOOL AND
 COMMUNITY-BASED ORGANIZATIONS.
   § 2. Section 210-B of the tax law is amended by adding a new  subdivi-
 sion 57 to read as follows:
   57.  NEW  YORK  CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT. (A)
 ALLOWANCE OF CREDIT. A  TAXPAYER  SHALL  BE  ALLOWED  A  CREDIT,  TO  BE
 COMPUTED  AS  PROVIDED IN SECTION TWENTY-FOUR-C OF THIS CHAPTER, AGAINST
 THE TAXES IMPOSED BY THIS ARTICLE.
   (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER  THIS  SUBDIVISION
 FOR  THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS

 S. 2508--B                         167
 
 THAN THE AMOUNT PRESCRIBED  IN  PARAGRAPH  (D)  OF  SUBDIVISION  ONE  OF
 SECTION TWO HUNDRED TEN OF THIS ARTICLE. HOWEVER, IF THE AMOUNT OF CRED-
 IT  ALLOWED  UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR REDUCES THE TAX
 TO  SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED
 DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN  SUCH
 TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR
 REFUNDED  IN  ACCORDANCE  WITH  THE  PROVISIONS  OF SECTION ONE THOUSAND
 EIGHTY-SIX  OF  THIS  CHAPTER.  PROVIDED,  HOWEVER,  THE  PROVISIONS  OF
 SUBSECTION  (C)  OF  SECTION  ONE  THOUSAND EIGHTY-EIGHT OF THIS CHAPTER
 NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON.
   § 3. Section 606 of the tax law is amended by adding a new  subsection
 (mmm) to read as follows:
   (MMM) NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT.  (1)
 ALLOWANCE  OF  CREDIT.  A  TAXPAYER  SHALL  BE  ALLOWED  A CREDIT, TO BE
 COMPUTED AS PROVIDED IN SECTION TWENTY-FOUR-C OF THIS  CHAPTER,  AGAINST
 THE TAX IMPOSED BY THIS ARTICLE.
   (2)  APPLICATION  OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER
 THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH
 YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT-
 ED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX  HUNDRED
 EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE
 PAID THEREON.
   §  4. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
 of the tax law is amended by adding a new clause  (xlviii)  to  read  as
 follows:
   (XLVIII) NEW YORK CITY MUSICAL     AMOUNT OF CREDIT UNDER
   AND THEATRICAL PRODUCTION          SUBDIVISION FIFTY-SEVEN OF
   TAX CREDIT UNDER SUBSECTION (MMM)  SECTION TWO HUNDRED TEN-B
   §  5.   The state finance law is amended by adding a new section 99-ii
 to read as follows:
   § 99-II. NEW YORK STATE ARTS AND CULTURAL PROGRAMS FUND. 1.  THERE  IS
 HEREBY ESTABLISHED IN THE JOINT CUSTODY OF  THE  STATE  COMPTROLLER  AND
 COMMISSIONER  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
 "NEW YORK STATE ARTS AND CULTURAL PROGRAMS FUND".
   2. SUCH FUND SHALL CONSIST OF ALL  REVENUES  RECEIVED  BY  THE  STATE,
 PURSUANT  TO  THE PROVISIONS OF SECTION TWENTY-FOUR-C OF THE TAX LAW AND
 ALL OTHER MONEYS APPROPRIATED THERETO FROM  ANY  OTHER  FUND  OR  SOURCE
 PURSUANT  TO  LAW.  NOTHING  CONTAINED IN THIS SECTION SHALL PREVENT THE
 STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES  OF  THE
 FUND  AS  DEFINED  IN  THIS  SECTION  AND  DEPOSITING THEM INTO THE FUND
 ACCORDING TO LAW.
   3. ON OR BEFORE THE FIRST DAY OF FEBRUARY  TWO  THOUSAND  TWENTY-FOUR,
 THE  COMMISSIONER  OF  EDUCATION  SHALL  PROVIDE A WRITTEN REPORT TO THE
 TEMPORARY PRESIDENT OF THE SENATE, THE  SPEAKER  OF  THE  ASSEMBLY,  THE
 CHAIR  OF  THE  SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS
 AND MEANS COMMITTEE, THE CHAIR OF THE SENATE COMMITTEE  ON  HEALTH,  THE
 CHAIR  OF  THE  ASSEMBLY HEALTH COMMITTEE, THE STATE COMPTROLLER AND THE
 PUBLIC. SUCH REPORT SHALL INCLUDE  HOW  THE  MONIES  OF  THE  FUND  WERE
 UTILIZED DURING THE PRECEDING CALENDAR YEAR, AND SHALL INCLUDE:
   (A)  THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD PROCESS
 USED FOR SUCH DISBURSEMENTS;
   (B) RECIPIENTS OF AWARDS FROM THE FUND;
   (C) THE AMOUNT AWARDED TO EACH;
   (D) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
   (E) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
 MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-

 S. 2508--B                         168
 
 ING  FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM  THE  PRIOR FISCAL
 YEAR.
   4.  MONEYS  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
 OF EDUCATION.
   5.  THE  MONEYS  IN  SUCH  FUND  SHALL  BE EXPENDED FOR THE PURPOSE OF
 SUPPLEMENTING ART AND CULTURAL PROGRAMS  FOR  SECONDARY  AND  ELEMENTARY
 CHILDREN,  INCLUDING  PROGRAMS  THAT INCREASE ACCESS TO ART AND CULTURAL
 PROGRAMS AND EVENTS FOR CHILDREN IN UNDERSERVED COMMUNITIES.
   § 6. This act shall take effect immediately and shall apply to taxable
 years beginning on or after January 1,  2021,  provided,  however,  that
 this  act  shall expire and be deemed repealed 8 years after such effec-
 tive date.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Subparts A through C of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART UU
 
                           Intentionally Omitted
 
                                  PART VV
 
                           Intentionally Omitted
 
                                  PART WW
 
   Section  1.  Expenditures  of  moneys appropriated in a chapter of the
 laws of 2021 to the department  of  agriculture  and  markets  from  the
 special  revenue  funds-other/state  operations,  miscellaneous  special
 revenue fund-339,  public  service  account  shall  be  subject  to  the
 provisions  of  this section. Notwithstanding any other provision of law
 to the contrary, direct and indirect expenses relating to the department
 of  agriculture  and  markets'  participation  in   general   ratemaking
 proceedings  pursuant to section 65 of the public service law or certif-
 ication proceedings pursuant to article 7 or 10 of  the  public  service
 law, shall be deemed expenses of the department of public service within
 the  meaning  of  section  18-a of the public service law. No later than
 August 15, 2022, the commissioner of the department of  agriculture  and
 markets  shall submit an accounting of such expenses, including, but not
 limited to, expenses in the 2021-2022 state fiscal year for personal and
 non-personal services and fringe benefits, to the chair  of  the  public
 service  commission for the chair's review pursuant to the provisions of
 section 18-a of the public service law.

 S. 2508--B                         169
 
   § 2. Expenditures of moneys appropriated in a chapter of the  laws  of
 2021  to  the  department  of  state  from  the  special  revenue funds-
 other/state operations, miscellaneous special revenue  fund-339,  public
 service  account  shall  be  subject  to the provisions of this section.
 Notwithstanding  any  other provision of law to the contrary, direct and
 indirect expenses relating  to  the  activities  of  the  department  of
 state's  utility  intervention unit pursuant to subdivision 4 of section
 94-a of the executive law, including, but not limited  to  participation
 in  general  ratemaking proceedings pursuant to section 65 of the public
 service law or certification proceedings pursuant to article 7 or 10  of
 the  public  service  law, and expenses related to the activities of the
 major renewable energy development program established by  section  94-c
 of  the  executive  law,  shall  be deemed expenses of the department of
 public service within the meaning of section 18-a of the public  service
 law.  No later than August 15, 2022, the secretary of state shall submit
 an  accounting of such expenses, including, but not limited to, expenses
 in the  2021-2022  state  fiscal  year  for  personal  and  non-personal
 services and fringe benefits, to the chair of the public service commis-
 sion  for  the chair's review pursuant to the provisions of section 18-a
 of the public service law.
   § 3. Expenditures of moneys appropriated in a chapter of the  laws  of
 2021  to  the office of parks, recreation and historic preservation from
 the special revenue funds-other/state operations, miscellaneous  special
 revenue  fund-339,  public  service  account  shall  be  subject  to the
 provisions of this section. Notwithstanding any other provision  of  law
 to  the contrary, direct and indirect expenses relating to the office of
 parks, recreation and historic preservation's participation  in  general
 ratemaking  proceedings pursuant to section 65 of the public service law
 or certification proceedings pursuant to article 7 or 10 of  the  public
 service  law,  shall  be  deemed  expenses  of  the department of public
 service within the meaning of section 18-a of the public service law. No
 later than August 15, 2022, the commissioner of  the  office  of  parks,
 recreation  and historic preservation shall submit an accounting of such
 expenses, including, but not limited to, expenses in the 2021-2022 state
 fiscal year for personal and non-personal services and fringe  benefits,
 to  the  chair  of  the public service commission for the chair's review
 pursuant to the provisions of section 18-a of the public service law.
   § 4. Expenditures of moneys appropriated in a chapter of the  laws  of
 2021  to  the  department of environmental conservation from the special
 revenue funds-other/state operations, environmental conservation special
 revenue fund-301, utility  environmental  regulation  account  shall  be
 subject  to  the  provisions  of this section. Notwithstanding any other
 provision of law to the contrary, direct and indirect expenses  relating
 to the department of environmental conservation's participation in state
 energy  policy  proceedings,  or  certification  proceedings pursuant to
 article 7 or 10 of the public service law, shall be deemed  expenses  of
 the  department  of public service within the meaning of section 18-a of
 the public service law. No later than August 15, 2022, the  commissioner
 of the department of environmental conservation shall submit an account-
 ing  of  such  expenses,  including, but not limited to, expenses in the
 2021-2022 state fiscal year for personal and non-personal  services  and
 fringe  benefits,  to the chair of the public service commission for the
 chair's review pursuant to the provisions of section 18-a of the  public
 service law.
   §  5. Notwithstanding any other law, rule or regulation to the contra-
 ry, expenses of  the  department  of  health  public  service  education

 S. 2508--B                         170
 
 program  incurred  pursuant  to appropriations from the cable television
 account of the state miscellaneous special revenue funds shall be deemed
 expenses of the department of public service. No later than  August  15,
 2022,  the  commissioner  of  the  department  of health shall submit an
 accounting of expenses in the 2021-2022 state fiscal year to  the  chair
 of  the public service commission for the chair's review pursuant to the
 provisions of section 217 of the public service law.
   § 6. Any expense deemed to be expenses of  the  department  of  public
 service  pursuant  to sections one through four of this act shall not be
 recovered through assessments imposed  upon  telephone  corporations  as
 defined in subdivision 17 of section 2 of the public service law.
   §  7.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2021 and  shall
 expire and be deemed repealed April 1, 2022.
 
                                  PART XX
 
   Section  1.  The opening paragraph of subdivision 5-a of section 340-b
 of the highway law, as amended by chapter 30 of the  laws  of  1987,  is
 amended to read as follows:
   The  commissioner  of  transportation and the city of New York, acting
 through the mayor or other administrative head thereof,  pursuant  to  a
 resolution  of  the governing body of such city, are authorized to enter
 into a written agreement for  the  maintenance  and  repair,  under  the
 supervision and subject to the approval of the commissioner of transpor-
 tation, of any state interstate highway or portion thereof, exclusive of
 service  roads  and  pavement  on  intersecting street bridges, which is
 within the boundaries of such city and which is now or which shall here-
 after be designated in section three hundred forty-a of  this  [chapter]
 ARTICLE  and  which  has  been  constructed  or  which  shall  have been
 constructed as authorized by  section  three  hundred  forty-a  of  this
 [chapter]  ARTICLE.  Such agreement may provide that the state shall pay
 annually to such city a sum to be computed at the rate of (a)  not  more
 than  [eighty-five] ONE DOLLAR AND EIGHTY-SEVEN cents per square yard of
 the pavement area that is included in the state highway system according
 to the provisions of this section, and (b) an  additional  [ten]  TWENTY
 cents  per square yard of such pavement area where such pavement area is
 located on any elevated bridge, SUCH RATE SHALL  BE  INCREASED  IN  EACH
 YEAR  OF  THE  AGREEMENT  BY THE PERCENTAGE CHANGE IN THE CONSUMER PRICE
 INDEX FOR ALL URBAN CONSUMERS (CPI-U), NEW YORK-NORTHERN NEW JERSEY-LONG
 ISLAND, NY-NJ-CT-PA, AS PUBLISHED BY THE  UNITED  STATES  DEPARTMENT  OF
 LABOR BUREAU OF LABOR STATISTICS, OVER THE PRIOR FIVE YEARS.
   §  2.  The  opening paragraph of subdivision 7 of section 349-c of the
 highway law, as amended by chapter 30 of the laws of 1987, is amended to
 read as follows:
   The commissioner of transportation and any city named in this article,
 acting through the mayor or other administrative head thereof,  pursuant
 to  a  resolution  of the governing body of such city except the city of
 New York, are authorized to enter into a written agreement for the main-
 tenance and repair, under the supervision and subject to the approval of
 the commissioner, of any public street, main route  or  thoroughfare  or
 portion thereof, exclusive of service roads and pavement on intersecting
 street bridges, which is within the boundaries of such city and which is
 now or which shall hereafter be designated in this article and which has
 been  constructed  or which shall have been constructed as authorized by
 [articles] THIS ARTICLE AND ARTICLE four [and twelve-B] of this  chapter

 S. 2508--B                         171
 
 and with grants made available by the federal government pursuant to the
 federal aid highway act of nineteen hundred forty-four, being public law
 five  hundred  twenty-one  of  the  seventy-eighth congress, chapter six
 hundred  twenty-six, second session, as approved on the twentieth day of
 December, nineteen hundred forty-four. Such agreement may  provide  that
 the  state  shall  pay annually to such city a sum to be computed at the
 rate of (a) not more than  [eighty-five]  ONE  DOLLAR  AND  EIGHTY-SEVEN
 cents per square yard of the pavement area that is included in the state
 highway  system  according to the provisions of this section, and (b) an
 additional [ten] TWENTY cents per square  yard  of  such  pavement  area
 where  such  pavement  area is located on any elevated bridge, SUCH RATE
 SHALL BE INCREASED IN EACH YEAR  OF  THE  AGREEMENT  BY  THE  PERCENTAGE
 CHANGE  IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (CPI-U), NEW
 YORK-NORTHERN NEW JERSEY-LONG ISLAND, NY-NJ-CT-PA, AS PUBLISHED  BY  THE
 UNITED  STATES  DEPARTMENT OF LABOR BUREAU OF LABOR STATISTICS, OVER THE
 PRIOR FIVE YEARS.
   § 3. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.
 
                                  PART YY
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "housing our neighbors with dignity act".
   § 2. The private housing finance law is amended by adding a new  arti-
 cle 31 to read as follows:
                               ARTICLE XXXI
                HOUSING OUR NEIGHBORS WITH DIGNITY PROGRAM
 SECTION 1280. LEGISLATIVE FINDINGS AND PURPOSE.
         1281. DEFINITIONS.
         1282. HOUSING OUR NEIGHBORS WITH DIGNITY PROGRAM.
   §  1280.  LEGISLATIVE  FINDINGS  AND  PURPOSE.  THE STATE OF NEW YORK,
 THROUGH THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, IS  EMPOWERED  TO
 PURCHASE  AND  CONVERT  DISTRESSED  HOTELS AND COMMERCIAL PROPERTIES, IN
 CITIES WITH A POPULATION OF ONE MILLION OR MORE, FOR USE  AS  AFFORDABLE
 PERMANENT  HOUSING  THAT  MEETS  STANDARDS ESTABLISHED TO ENSURE SAFETY,
 HABITABILITY, QUALITY, AND ACCESS TO SUPPORTIVE SERVICES AS APPROPRIATE,
 TO BE MADE AVAILABLE TO LOW-INCOME HOUSEHOLDS  AND  PEOPLE  EXPERIENCING
 HOMELESSNESS  IMMEDIATELY  PRIOR TO ENTERING SUCH HOUSING. THESE PROPER-
 TIES WILL BE MANAGED  BY  APPROPRIATE  NONPROFIT  ORGANIZATIONS,  EITHER
 THROUGH  TRANSFER  OF  OWNERSHIP  OR LONG-TERM NET LEASE BY THE NEW YORK
 GOVERNMENTAL ENTITY THAT ACQUIRED THE PROPERTY.
   THE ACQUIRED PROPERTIES MAY BE CONVERTED INTO HOUSING MODELS AS DEEMED
 NECESSARY BY THE  STATE  OR  APPROPRIATE  NONPROFIT  AUTHORITY  FOR  THE
 PURPOSES   OF  CREATING  SUPPORTIVE  AND/OR  AFFORDABLE  HOUSING  UNITS;
 PROVIDED THAT THE HOUSING REMAINS AFFORDABLE  AS  DEFINED  BY  THE  TERM
 AFFORDABLE HOUSING INCLUDED IN THIS ARTICLE.
   §  1281.  DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "APPROPRIATE NONPROFIT ORGANIZATION" SHALL MEAN A NONPROFIT  ORGAN-
 IZATION THAT:
   (A) HAS ONE OF SUCH ORGANIZATION'S PRIMARY PURPOSES:
   (I)  THE  PROVISION  OF HOUSING THAT IS AFFORDABLE TO LOW-INCOME FAMI-
 LIES; OR
   (II) THE PROVISION OF SERVICES OR HOUSING FOR INDIVIDUALS OR  FAMILIES
 EXPERIENCING HOMELESSNESS; OR

 S. 2508--B                         172
 
   (B) IS OTHERWISE CONSIDERED BY THE STATE AS A SUITABLE HOUSING MANAGE-
 MENT ORGANIZATION.
   2.  "AFFORDABLE  HOUSING"  SHALL  MEAN HOUSING THAT IS AFFORDABLE TO A
 LOW-INCOME HOUSEHOLD WITH INCOME AT OR BELOW FIFTY PERCENT OF  THE  AREA
 MEDIAN  INCOME FOR THE COUNTY IN WHICH THE PROPERTY IS LOCATED AS CALCU-
 LATED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
   3. "DISTRESSED" SHALL MEAN AN ASSET THAT IS:
   (A) LISTED FOR SALE; AND
   (B) IN A FINANCIALLY  DISTRESSING  CONDITION,  AS  DETERMINED  BY  THE
 STATE.
   4. "EXPERIENCING HOMELESSNESS" SHALL REFER TO THOSE INDIVIDUALS RESID-
 ING  IN  SHELTERS,  TRANSITIONAL  HOUSING,  AND OTHER TYPES OF EMERGENCY
 HOUSING.
   5. "RENT STABILIZED" SHALL MEAN COLLECTIVELY, THE  RENT  STABILIZATION
 LAW OF NINETEEN HUNDRED SIXTY-NINE, THE RENT STABILIZATION CODE, AND THE
 EMERGENCY  TENANT  PROTECTION  ACT  OF  NINETEEN SEVENTY-FOUR, ALL AS IN
 EFFECT AS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO  THOU-
 SAND  TWENTY-ONE  THAT  ADDED THIS SUBDIVISION OR AS AMENDED THEREAFTER,
 TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING  SUBSTAN-
 TIALLY THE SAME SUBJECT MATTER.
   §  1282. HOUSING OUR NEIGHBORS WITH DIGNITY PROGRAM. 1. ESTABLISHMENT.
 THE COMMISSIONER, IN CONJUNCTION WITH THE DIVISION OF HOUSING AND COMMU-
 NITY RENEWAL, SHALL DEVELOP A HOUSING OUR NEIGHBORS WITH DIGNITY PROGRAM
 (HEREINAFTER REFERRED TO AS "THE PROGRAM"), WHICH SHALL PROVIDE A  MECH-
 ANISM  FOR THE STATE TO PURCHASE, ACQUIRE AND HOLD DISTRESSED COMMERCIAL
 REAL ESTATE AND OTHER COMMERCIAL PROPERTIES FOR THE PURPOSE OF MAINTAIN-
 ING OR INCREASING AFFORDABLE HOUSING IN CITIES WITH A POPULATION OF  ONE
 MILLION  OR  MORE.   SUCH PROGRAM SHALL ACTIVELY ACQUIRE SUCH PROPERTIES
 FOR TWO YEARS FOLLOWING THE EFFECTIVE DATE OF  THIS  ARTICLE;  PROVIDED,
 HOWEVER,  THAT  ALL  AFFORDABLE HOUSING PROPERTIES PRODUCED THROUGH THIS
 PROGRAM SHALL REMAIN PERMANENTLY AFFORDABLE, PURSUANT TO THIS ARTICLE.
   2. PURPOSE. THE PURPOSE OF THE  HOUSING  OUR  NEIGHBORS  WITH  DIGNITY
 PROGRAM SHALL BE TO:
   (A) ACQUIRE DISTRESSED COMMERCIAL REAL ESTATE PROPERTY FOR THE PURPOSE
 OF STABILIZING COMMUNITIES AND THE HOUSING MARKET;
   (B)  CONVERT AND REHABILITATE THE PHYSICAL CONDITION OF ACQUIRED PROP-
 ERTY IN ORDER TO ENHANCE THE VALUE AND CONDITION OF  SUCH  PROPERTY  FOR
 FUTURE OCCUPANTS, FOR THE ENVIRONMENTAL SUSTAINABILITY OF SUCH PROPERTY,
 AND FOR THE ECONOMIC AND SOCIAL CONDITIONS OF THE SURROUNDING COMMUNITY;
   (C) SELL OR OTHERWISE TRANSFER ACQUIRED PROPERTY TO ENTITIES THAT WILL
 USE SUCH PROPERTY TO GUARANTEE AFFORDABLE, HABITABLE AND ENVIRONMENTALLY
 SUSTAINABLE  HOUSING  TO ASSET-LIMITED, LOW-INCOME INDIVIDUALS AND FAMI-
 LIES;
   (D) FINANCE THE TRANSFER OF ACQUIRED PROPERTY TO SUCH ENTITIES; AND
   (E)  PROVIDE  AN  APPROPRIATE  AND  EXPEDIENT  MANNER  FOR  OWNERS  OF
 DISTRESSED PROPERTIES TO TRANSFER OWNERSHIP OR LONG-TERM NET LEASE.
   3.  POWERS.  (A)  THE STATE MAY PURCHASE, ACQUIRE, AND HOLD DISTRESSED
 HOTEL REAL ESTATE ASSETS, AND MAY TAKE SUCH ACTIONS AS MAY BE  NECESSARY
 TO IDENTIFY SUCH DISTRESSED REAL ESTATE AND OTHER COMMERCIAL PROPERTIES,
 AND  ACQUIRE SUCH PROPERTIES, FOR THE PURPOSE OF MAINTAINING OR INCREAS-
 ING THE STOCK OF AFFORDABLE, STABLE, QUALITY HOUSING IN  CITIES  WITH  A
 POPULATION OF ONE MILLION OR MORE.
   (B) HOTEL REAL ESTATE ASSETS SHALL ONLY INCLUDE HOTELS WITH FEWER THAN
 ONE  HUNDRED  FIFTY  UNITS,  AND  THOSE  THAT ARE LOCATED IN ANY BOROUGH
 OUTSIDE OF MANHATTAN, OR WITHIN MANHATTAN EXCLUDING THE  FOLLOWING  AREA
 IN THE BOROUGH OF MANHATTAN: BEGINNING AT THE INTERSECTION OF THE UNITED

 S. 2508--B                         173
 
 STATES PIERHEAD LINE IN THE HUDSON RIVER AND THE CENTER LINE OF CHAMBERS
 STREET,  EXTENDED, THENCE EASTERLY TO THE CENTER LINE OF CHAMBERS STREET
 AND CONTINUING ALONG THE CENTER LINE OF CHAMBERS STREET  TO  THE  CENTER
 LINE  OF CENTRE STREET, THENCE SOUTHERLY ALONG THE CENTER LINE OF CENTRE
 STREET TO THE CENTER LINE OF THE BROOKLYN BRIDGE TO THE INTERSECTION  OF
 THE  BROOKLYN  BRIDGE  AND  THE  UNITED STATES PIERHEAD LINE IN THE EAST
 RIVER, THENCE NORTHERLY ALONG THE UNITED STATES  PIERHEAD  LINE  IN  THE
 EAST RIVER TO THE INTERSECTION OF THE UNITED STATES PIERHEAD LINE IN THE
 EAST  RIVER  AND  THE  CENTER LINE OF ONE HUNDRED TENTH STREET EXTENDED,
 THENCE WESTERLY TO THE CENTER LINE  OF  ONE  HUNDRED  TENTH  STREET  AND
 CONTINUING  ALONG  THE  CENTER  LINE  OF ONE HUNDRED TENTH STREET TO ITS
 WESTERLY TERMINUS, THENCE WESTERLY TO THE  INTERSECTION  OF  THE  CENTER
 LINE OF ONE HUNDRED TENTH STREET EXTENDED AND THE UNITED STATES PIERHEAD
 LINE IN THE HUDSON RIVER, THENCE SOUTHERLY ALONG THE UNITED STATES PIER-
 HEAD LINE IN THE HUDSON RIVER TO THE POINT OF BEGINNING.
   4.  CONVERTED PROPERTIES. ALL PROPERTIES CONVERTED TO AFFORDABLE HOUS-
 ING PURSUANT TO THIS SECTION SHALL MEET THE MINIMUM STANDARDS OF HABITA-
 BILITY, SAFETY AND QUALITY OF LIFE FOR ALL ESTABLISHED HOUSING.  TENANTS
 SHALL PAY NO MORE THAN THIRTY PERCENT OF THEIR INCOME TOWARD RENT. ADDI-
 TIONAL OPERATING EXPENSES SHALL BE MET THROUGH ANY COMBINATION OF SUBSI-
 DIES, VOUCHERS, COMMERCIAL RENTS, OR OTHER SOURCES OF  INCOME  AVAILABLE
 TO  THE  HOUSING  PROVIDER  UNDER  THE  MODEL  THE NON-PROFIT CHOOSES TO
 PURSUE. ALL UNITS SHALL BE RENT STABILIZED AS DEFINED IN  THIS  ARTICLE.
 AT  LEAST  FIFTY  PERCENT OF ALL CONVERTED PROPERTIES SHALL BE SET ASIDE
 FOR INDIVIDUALS AND FAMILIES WHO WERE  EXPERIENCING  HOMELESSNESS  IMME-
 DIATELY PRIOR TO ENTERING SUCH CONVERTED AFFORDABLE HOUSING.
   5.  RESTRICTIONS.  THE  STATE SHALL NOT, IN ANY CASE, SELL OR TRANSFER
 PROPERTY UNLESS THE STATE HAS:
   (A) TAKEN ALL ACTIONS NECESSARY TO BRING THE PROPERTY INTO  COMPLIANCE
 WITH  APPLICABLE  BUILDING,  SAFETY,  HEALTH  AND HABITABILITY CODES AND
 REQUIREMENTS; OR
   (B) ENTERED INTO SUCH AGREEMENTS WITH THE PURCHASER OR  TRANSFEREE  TO
 ENSURE  THAT ANY ACTIONS NECESSARY TO BRING THE PROPERTY INTO COMPLIANCE
 WITH APPLICABLE BUILDING, SAFETY,  HEALTH  AND  HABITABILITY  CODES  AND
 REQUIREMENTS WILL BE TAKEN BEFORE SUCH PROPERTY IS OCCUPIED.
   6.  TENANT  PROTECTIONS.  TENANTS  RESIDING IN PROPERTIES CONVERTED TO
 AFFORDABLE HOUSING PURSUANT TO THIS  SECTION  SHALL  HAVE  FULL  TENANCY
 RIGHTS, INCLUDING ALL THE TENANT PROTECTIONS PURSUANT TO RENT STABILIZA-
 TION  AS  DEFINED  IN THIS ARTICLE.   TENANCY IN SUCH AFFORDABLE HOUSING
 SHALL NOT BE RESTRICTED ON THE BASIS OF SEXUAL IDENTITY OR  ORIENTATION,
 GENDER  IDENTITY  OR  EXPRESSION,  CONVICTION  OR  ARREST RECORD, CREDIT
 HISTORY, OR IMMIGRATION STATUS.
   § 3. The state finance law is amended by adding a new section 99-ii to
 read as follows:
   § 99-II. DISTRESSED PROPERTY  CONVERSION  FUND.  1.  THERE  IS  HEREBY
 ESTABLISHED  IN  THE  JOINT  CUSTODY  OF THE COMMISSIONER OF HOUSING AND
 COMMUNITY RENEWAL AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE
 "DISTRESSED PROPERTY CONVERSION FUND".
   2. THE DISTRESSED PROPERTY CONVERSION FUND SHALL CONSIST  OF  MONETARY
 GRANTS,  GIFTS OR BEQUESTS RECEIVED BY THE STATE FOR THE PURPOSES OF THE
 FUND, AND ALL OTHER MONEYS CREDITED  OR  TRANSFERRED  THERETO  FROM  ANY
 OTHER  FUND  OR  SOURCE.  MONEYS  OF SUCH FUND SHALL BE EXPENDED ONLY TO
 CARRY OUT THE PROVISIONS OF  THE  HOUSING  OUR  NEIGHBORS  WITH  DIGNITY
 PROGRAM  PURSUANT  TO  ARTICLE THIRTY-ONE OF THE PRIVATE HOUSING FINANCE
 LAW. NOTHING IN THIS SECTION SHALL PREVENT THE STATE FROM SOLICITING AND

 S. 2508--B                         174
 
 RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF  SUCH  FUND  AND
 DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
   3.  MONEYS  IN  SUCH FUND SHALL BE KEPT SEPARATE FROM AND SHALL NOT BE
 COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF  THE  COMPTROLLER  OR
 THE  COMMISSIONER  OF  TAXATION  AND FINANCE. ANY MONEYS OF THE FUND NOT
 REQUIRED FOR IMMEDIATE USE MAY, AT THE DISCRETION OF THE COMPTROLLER, IN
 CONSULTATION WITH THE DIRECTOR OF THE BUDGET, BE INVESTED BY  THE  COMP-
 TROLLER  IN  OBLIGATIONS  OF THE UNITED STATES OR THE STATE, OR IN OBLI-
 GATIONS THE PRINCIPAL AND INTEREST ON WHICH ARE GUARANTEED BY THE UNITED
 STATES OR BY THE STATE. ANY INCOME EARNED  BY  THE  INVESTMENT  OF  SUCH
 MONEYS  SHALL BE ADDED TO AND BECOME A PART OF AND SHALL BE USED FOR THE
 PURPOSES OF SUCH FUND.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.
 
                                  PART ZZ
 
   Section  1. Section 2878-a of the public authorities law is amended by
 adding a new subdivision 3 to read as follows:
   3. A TRANSPORTATION AUTHORITY ESTABLISHED UNDER THIS CHAPTER  MAY,  BY
 RESOLUTION  APPROVED BY A TWO-THIRDS VOTE OF ITS MEMBERS THEN IN OFFICE,
 OR BY A DECLARATION THAT COMPETITIVE BIDDING IS IMPRACTICAL OR  INAPPRO-
 PRIATE  WITH RESPECT TO ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHI-
 CLES OR OTHER RELATED EQUIPMENT BECAUSE THE ITEM IS AVAILABLE THROUGH AN
 EXISTING CONTRACT BETWEEN A VENDOR  AND  (A)  ANOTHER  PUBLIC  AUTHORITY
 PROVIDED  THAT  SUCH  OTHER  AUTHORITY UTILIZED A PROCESS OF COMPETITIVE
 BIDDING OR A PROCESS OF COMPETITIVE REQUESTS FOR PROPOSALS TO AWARD SUCH
 CONTRACTS, OR (B) THE STATE OF NEW YORK, OR (C) A POLITICAL  SUBDIVISION
 OF  THE  STATE  OF  NEW  YORK, PROVIDED THAT IN ANY CASE WHEN UNDER THIS
 SUBDIVISION THE AUTHORITY DETERMINES THAT OBTAINING  SUCH  ITEM  THEREBY
 WOULD  BE  IN  THE  PUBLIC  INTEREST AND SETS FORTH THE REASONS FOR SUCH
 DETERMINATION. THE AUTHORITY SHALL ACCEPT SOLE  RESPONSIBILITY  FOR  ANY
 PAYMENT  DUE  THE  VENDOR  AS A RESULT OF THE AUTHORITY'S ORDER. IN EACH
 CASE WHERE THE AUTHORITY DECLARES  COMPETITIVE  BIDDING  IMPRACTICAL  OR
 INAPPROPRIATE,  IT SHALL STATE THE REASON THEREFOR IN WRITING AND SUMMA-
 RIZE ANY NEGOTIATIONS THAT HAVE BEEN CONDUCTED. THE AUTHORITY SHALL  NOT
 AWARD ANY CONTRACT PURSUANT TO THIS SUBDIVISION EARLIER THAN THIRTY DAYS
 FROM  THE  DATE ON WHICH THE AUTHORITY DECLARES THAT COMPETITIVE BIDDING
 IS IMPRACTICAL OR INAPPROPRIATE. ALL PROCUREMENTS APPROVED  PURSUANT  TO
 THIS SUBDIVISION SHALL BE SUBJECT TO AUDIT AND INSPECTION BY THE DEPART-
 MENT  OF  AUDIT  AND  CONTROL OR ANY SUCCESSOR AGENCIES. FOR PURPOSES OF
 THIS SUBDIVISION, "TRANSPORTATION AUTHORITY" SHALL NOT INCLUDE TRANSPOR-
 TATION AUTHORITIES GOVERNED UNDER TITLES NINE,  NINE-A,  AND  ELEVEN  OF
 ARTICLE  FIVE  OF  THIS  CHAPTER OR TITLE THREE OF ARTICLE THREE OF THIS
 CHAPTER.
   § 2. Section 104 of the general municipal law is amended by  adding  a
 new subdivision 3 to read as follows:
   3. NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE OF THIS
 ARTICLE  OR OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ANY CHIEF EXECU-
 TIVE OFFICER OF A POLITICAL  SUBDIVISION  OR  AGENCY  WHICH  OPERATES  A
 PUBLIC  TRANSPORTATION  SYSTEM  IS AUTHORIZED TO MAKE PURCHASES OF ELEC-
 TRIC-POWERED OMNIBUSES OR OTHER  RELATED  EQUIPMENT  UPON  A  RESOLUTION
 APPROVED  BY  A  TWO-THIRDS VOTE OF ITS BOARD THEN IN OFFICE BECAUSE THE

 S. 2508--B                         175
 
 ITEM IS AVAILABLE THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR AND  (A)
 A  PUBLIC  AUTHORITY  OF  THE  STATE  PROVIDED THAT SUCH OTHER AUTHORITY
 UTILIZED A PROCESS OF COMPETITIVE  BIDDING OR A PROCESS  OF  COMPETITIVE
 REQUESTS  FOR PROPOSALS TO AWARD SUCH CONTRACTS, OR (B) THE STATE OF NEW
 YORK, OR (C) A POLITICAL SUBDIVISION OF THE STATE OF NEW YORK,  PROVIDED
 THAT  IN  ANY CASE WHEN UNDER THIS SUBDIVISION THE POLITICAL SUBDIVISION
 DETERMINES THAT OBTAINING SUCH ITEM  THEREBY  WOULD  BE  IN  THE  PUBLIC
 INTEREST  AND  SETS  FORTH THE REASONS FOR SUCH DETERMINATION. THE POLI-
 TICAL SUBDIVISION SHALL NOT AWARD ANY CONTRACT PURSUANT TO THIS SUBDIVI-
 SION EARLIER THAN THIRTY DAYS FROM  THE  DATE  ON  WHICH  THE  POLITICAL
 SUBDIVISION DECLARES THAT COMPETITIVE BIDDING IS IMPRACTICAL OR INAPPRO-
 PRIATE.  ALL  PURCHASES  SHALL BE SUBJECT TO AUDIT AND INSPECTION BY THE
 POLITICAL SUBDIVISION FOR WHICH MADE, IN ADDITION TO THE  DEPARTMENT  OF
 AUDIT  AND  CONTROL OF NEW YORK STATE. FOR PURPOSES OF THIS SUBDIVISION,
 "POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A PUBLIC  TRANSPORTATION
 SYSTEM"  SHALL  NOT  INCLUDE  TRANSPORTATION  AUTHORITIES GOVERNED UNDER
 TITLES NINE, NINE-A, AND ELEVEN OF ARTICLE FIVE OF THE  PUBLIC  AUTHORI-
 TIES LAW OR TITLE THREE OF ARTICLE THREE OF THE PUBLIC AUTHORITIES LAW.
   §  3.  Section 104 of the general municipal law, as amended by section
 27 of part L of chapter 55 of the laws of 2012, is amended  to  read  as
 follows:
   § 104. Purchase through office of general services. 1. Notwithstanding
 the  provisions  of  section one hundred three of this article or of any
 other general, special or local law, any officer, board or agency  of  a
 political  subdivision, of a district therein, of a fire company or of a
 voluntary ambulance service is authorized to make purchases  of  commod-
 ities and services available pursuant to section one hundred sixty-three
 of  the state finance law, may make such purchases through the office of
 general services subject to such rules as may be established  from  time
 to time pursuant to section one hundred sixty-three of the state finance
 law  or  through the general services administration pursuant to section
 1555 of the federal acquisition streamlining act of 1994, P.L.  103-355;
 provided  that  any  such purchase shall exceed five hundred dollars and
 that the political subdivision,  district,  fire  company  or  voluntary
 ambulance  service  for  which  such officer, board or agency acts shall
 accept sole responsibility for any payment due the vendor. All purchases
 shall be subject to audit and inspection by the  political  subdivision,
 district, fire company or voluntary ambulance service for which made. No
 officer, board or agency of a political subdivision, or a district ther-
 ein,  of  a  fire company or of a voluntary ambulance service shall make
 any purchase through such office when bids have been received  for  such
 purchase  by  such officer, board or agency, unless such purchase may be
 made upon the same terms, conditions and specifications at a lower price
 through such office. Two or more fire companies or  voluntary  ambulance
 services  may join in making purchases pursuant to this section, and for
 the purposes of this section such groups shall be deemed "fire companies
 or voluntary ambulance services."
   2. NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE OF THIS
 ARTICLE OR OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ANY CHIEF  EXECU-
 TIVE  OFFICER  OF  A  POLITICAL  SUBDIVISION  OR AGENCY WHICH OPERATES A
 PUBLIC TRANSPORTATION SYSTEM IS AUTHORIZED TO MAKE  PURCHASES  OF  ELEC-
 TRIC-POWERED  OMNIBUSES  OR  OTHER  RELATED  EQUIPMENT UPON A RESOLUTION
 APPROVED BY A TWO-THIRDS VOTE OF ITS BOARD THEN IN  OFFICE  BECAUSE  THE
 ITEM  IS AVAILABLE THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR AND (A)
 A PUBLIC AUTHORITY OF THE  STATE  PROVIDED  THAT  SUCH  OTHER  AUTHORITY
 UTILIZED  A  PROCESS OF COMPETITIVE  BIDDING OR A PROCESS OF COMPETITIVE

 S. 2508--B                         176

 REQUESTS FOR PROPOSALS TO AWARD SUCH CONTRACTS, OR (B) THE STATE OF  NEW
 YORK,  OR (C) A POLITICAL SUBDIVISION OF THE STATE OF NEW YORK, PROVIDED
 THAT IN ANY CASE WHEN UNDER THIS SUBDIVISION THE  POLITICAL  SUBDIVISION
 DETERMINES  THAT  OBTAINING  SUCH  ITEM  THEREBY  WOULD BE IN THE PUBLIC
 INTEREST AND SETS FORTH THE REASONS FOR SUCH  DETERMINATION.  THE  POLI-
 TICAL SUBDIVISION SHALL NOT AWARD ANY CONTRACT PURSUANT TO THIS SUBDIVI-
 SION  EARLIER  THAN  THIRTY  DAYS  FROM  THE DATE ON WHICH THE POLITICAL
 SUBDIVISION DECLARES THAT COMPETITIVE BIDDING IS IMPRACTICAL OR INAPPRO-
 PRIATE. ALL PURCHASES SHALL BE SUBJECT TO AUDIT AND  INSPECTION  BY  THE
 POLITICAL  SUBDIVISION  FOR WHICH MADE, IN ADDITION TO THE DEPARTMENT OF
 AUDIT AND CONTROL OF NEW YORK STATE. FOR PURPOSES OF  THIS  SUBDIVISION,
 "POLITICAL  SUBDIVISION OR AGENCY WHICH OPERATES A PUBLIC TRANSPORTATION
 SYSTEM" SHALL NOT  INCLUDE  TRANSPORTATION  AUTHORITIES  GOVERNED  UNDER
 TITLES  NINE,  NINE-A, AND ELEVEN OF ARTICLE FIVE OF THE PUBLIC AUTHORI-
 TIES LAW OR TITLE THREE OF ARTICLE THREE OF THE PUBLIC AUTHORITIES LAW.
   § 4. This act shall take effect immediately, provided,  however,  that
 the  amendments  to  section  104  of  the general municipal law made by
 section two of this act shall be subject to the expiration and reversion
 of such section pursuant to section 9 of subpart A of part C of  chapter
 97  of  the laws of 2011, as amended, when upon such date the provisions
 of section three of this act shall take effect.
 
                                 PART AAA

   Section 1. The clean water, green jobs, green New  York  bond  act  is
 enacted to read as follows:
                      ENVIRONMENTAL BOND ACT OF 2021
                 "CLEAN WATER, GREEN JOBS, GREEN NEW YORK"
 Section 1. Short title.
         2. Creation of state debt.
         3. Bonds of the state.
         4. Use of moneys received.
   §  1.  Short  title.  This  act shall be known and may be cited as the
 "environmental bond act of 2021  clean  water,  green  jobs,  green  New
 York".
   §  2.  Creation of state debt. The creation of state debt in an amount
 not exceeding in the aggregate three billion dollars ($3,000,000,000) is
 hereby authorized to provide moneys for the  single  purpose  of  making
 environmental  improvements  that  preserve,  enhance,  and  restore New
 York's natural resources and reduce the  impact  of  climate  change  by
 funding  capital  projects for: restoration and flood risk reduction not
 less than one billion dollars ($1,000,000,000); open space land  conser-
 vation   and  recreation  up  to  five  hundred  fifty  million  dollars
 ($550,000,000); climate change mitigation up to  seven  hundred  million
 dollars  ($700,000,000);  and,  water  quality improvement and resilient
 infrastructure  not  less  than  five  hundred  fifty  million   dollars
 ($550,000,000).
   §  3.  Bonds  of the state. The state comptroller is hereby authorized
 and empowered to issue and sell bonds of the state up to  the  aggregate
 amount  of  three  billion  dollars ($3,000,000,000) for the purposes of
 this act, subject to the provisions of article 5 of  the  state  finance
 law. The aggregate principal amount of such bonds shall not exceed three
 billion  dollars  ($3,000,000,000)  excluding  bonds issued to refund or
 otherwise repay bonds heretofore  issued  for  such  purpose;  provided,
 however,  that upon any such refunding or repayment, the total aggregate
 principal amount of outstanding bonds may be greater than three  billion

 S. 2508--B                         177
 
 dollars ($3,000,000,000) only if the present value of the aggregate debt
 service  of  the  refunding  or  repayment  bonds to be issued shall not
 exceed the present value of the aggregate debt service of the  bonds  to
 be refunded or repaid. The method for calculating present value shall be
 determined by law.
   § 4. Use of moneys received. The moneys received by the state from the
 sale  of  bonds  sold pursuant to this act shall be expended pursuant to
 appropriations for capital projects related to  design,  planning,  site
 acquisition,  demolition,  construction,  reconstruction,  and rehabili-
 tation projects specified in section two of this act.
   § 2. This  act  shall  take  effect  immediately,  provided  that  the
 provisions  of  section one of this act shall not take effect unless and
 until this act shall have been submitted to the people  at  the  general
 election  to  be held in November 2021 and shall have been approved by a
 majority of all votes cast for and against it  at  such  election.  Upon
 approval  by the people, section one of this act shall take effect imme-
 diately. The ballots  to  be  furnished  for  the  use  of  voters  upon
 submission  of  this act shall be in the form prescribed by the election
 law and the proposition or question to be  submitted  shall  be  printed
 thereon  in the following form, namely "To address and combat the impact
 of climate change and damage to the environment, the Environmental  Bond
 Act  of  2021  "Clean  Water, Green Jobs, Green New York" authorizes the
 sale of state bonds up to three billion dollars  to  fund  environmental
 protection,  natural restoration, resiliency, and clean energy projects.
 Shall the Environmental Bond Act of 2021 be approved?".
 
                                 PART BBB
 
   Section 1. The environmental conservation law is amended by  adding  a
 new article 58 to read as follows:
                                ARTICLE 58
           IMPLEMENTATION OF THE ENVIRONMENTAL BOND ACT OF 2021
                 "CLEAN WATER, GREEN JOBS, GREEN NEW YORK"
 TITLE   1.  GENERAL PROVISIONS.
         3.  RESTORATION AND FLOOD RISK REDUCTION.
         5.  OPEN SPACE LAND CONSERVATION AND RECREATION.
         7.  CLIMATE CHANGE MITIGATION.
         9.  WATER QUALITY IMPROVEMENT AND RESILIENT INFRASTRUCTURE.
         11. ENVIRONMENTAL JUSTICE AND REPORTING.
 
                                  TITLE 1
                            GENERAL PROVISIONS
 
 SECTION 58-0101. DEFINITIONS.
         58-0103. ALLOCATION OF MONEYS.
         58-0105. POWERS AND DUTIES.
         58-0107. POWERS AND DUTIES OF A MUNICIPALITY.
         58-0109. CONSISTENCY WITH FEDERAL TAX LAWS.
         58-0111. COMPLIANCE WITH OTHER LAW.
 § 58-0101. DEFINITIONS.
   AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL MEAN AND INCLUDE:
   1.  "BONDS" SHALL MEAN GENERAL OBLIGATION BONDS ISSUED PURSUANT TO THE
 ENVIRONMENTAL BOND ACT OF 2021 "CLEAN WATER, GREEN JOBS, GREEN NEW YORK"
 IN ACCORDANCE WITH ARTICLE VII OF THE NEW YORK  STATE  CONSTITUTION  AND
 ARTICLE FIVE OF THE STATE FINANCE LAW.

 S. 2508--B                         178
 
   2.  "COST"  MEANS  THE  EXPENSE  OF  AN  APPROVED PROJECT, WHICH SHALL
 INCLUDE BUT NOT BE LIMITED TO APPRAISAL, SURVEYING, PLANNING,  ENGINEER-
 ING AND ARCHITECTURAL SERVICES, PLANS AND SPECIFICATIONS, CONSULTANT AND
 LEGAL  SERVICES,  SITE  PREPARATION,  DEMOLITION, CONSTRUCTION AND OTHER
 DIRECT EXPENSES INCIDENT TO SUCH PROJECT.
   3.  "DEPARTMENT"  SHALL MEAN THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
 TION.
   4. "ENDANGERED OR THREATENED  SPECIES  PROJECT"  MEANS  A  PROJECT  TO
 RESTORE,  RECOVER,  OR REINTRODUCE AN ENDANGERED, THREATENED, OR SPECIES
 OF SPECIAL CONCERN PURSUANT TO  A  RECOVERY  PLAN  OR  RESTORATION  PLAN
 PREPARED AND ADOPTED BY THE DEPARTMENT, INCLUDING BUT NOT LIMITED TO THE
 STATE'S WILDLIFE ACTION PLAN.
   5.  "ENVIRONMENTAL  JUSTICE  COMMUNITY" MEANS A MINORITY OR LOW-INCOME
 COMMUNITY THAT MAY BEAR A DISPROPORTIONATE SHARE OF THE  NEGATIVE  ENVI-
 RONMENTAL CONSEQUENCES RESULTING FROM INDUSTRIAL, MUNICIPAL, AND COMMER-
 CIAL  OPERATIONS  OR  THE EXECUTION OF FEDERAL, STATE, LOCAL, AND TRIBAL
 PROGRAMS AND POLICIES.
   6. "FLOOD RISK REDUCTION PROJECT" MEANS PROJECTS THAT USE NATURE-BASED
 SOLUTIONS WHERE POSSIBLE TO REDUCE EROSION  OR  FLOODING,  AND  PROJECTS
 WHICH MITIGATE OR ADAPT TO FLOOD CONDITIONS.
   7. "GREEN BUILDINGS PROJECT" MEANS (I) INSTALLING, UPGRADING, OR MODI-
 FYING  A  RENEWABLE  ENERGY  SOURCE AT A STATE-OWNED BUILDING OR FOR THE
 PURPOSE OF CONVERTING OR CONNECTING A STATE-OWNED BUILDING,  OR  PORTION
 THEREOF,  TO  A  RENEWABLE  ENERGY  SOURCE;  (II) REDUCING ENERGY USE OR
 IMPROVING ENERGY EFFICIENCY OR OCCUPANT HEALTH AT A  STATE-OWNED  BUILD-
 ING;  (III)  INSTALLING A GREEN ROOF AT A STATE-OWNED BUILDING; AND (IV)
 EMISSION REDUCTION PROJECTS.
   8. "MUNICIPALITY" MEANS A LOCAL PUBLIC  AUTHORITY  OR  PUBLIC  BENEFIT
 CORPORATION, A COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT, SUPERVISORY
 DISTRICT,  DISTRICT  CORPORATION,  IMPROVEMENT DISTRICT WITHIN A COUNTY,
 CITY, TOWN OR VILLAGE, OR INDIAN NATION OR TRIBE RECOGNIZED BY THE STATE
 OR THE UNITED STATES WITH A RESERVATION  WHOLLY  OR  PARTLY  WITHIN  THE
 BOUNDARIES OF NEW YORK STATE, OR ANY COMBINATION THEREOF.
   9.  "NATURE-BASED  SOLUTION"  MEANS  PROJECTS  THAT  ARE  SUPPORTED OR
 INSPIRED BY NATURE OR NATURAL PROCESSES AND FUNCTIONS AND THAT MAY  ALSO
 OFFER  ENVIRONMENTAL,  ECONOMIC,  AND  SOCIAL BENEFITS, WHILE INCREASING
 RESILIENCE.  NATURE-BASED  SOLUTIONS  INCLUDE  BOTH  GREEN  AND  NATURAL
 INFRASTRUCTURE.
   10. "OPEN SPACE LAND CONSERVATION PROJECT" MEANS PURCHASE OF FEE TITLE
 OR  CONSERVATION EASEMENTS FOR THE PURPOSE OF PROTECTING LANDS OR WATERS
 AND/OR PROVIDING RECREATIONAL OPPORTUNITIES  FOR  THE  PUBLIC  THAT  (I)
 POSSESS ECOLOGICAL, HABITAT, RECREATIONAL OR SCENIC VALUES; (II) PROTECT
 THE  QUALITY  OF A DRINKING WATER SUPPLY; (III) PROVIDE FLOOD CONTROL OR
 FLOOD MITIGATION VALUES; (IV) CONSTITUTE A FLOODPLAIN;  (V)  PROVIDE  OR
 HAVE  THE  POTENTIAL  TO  PROVIDE  IMPORTANT  HABITAT CONNECTIVITY; (VI)
 PROVIDE OPEN SPACE FOR THE USE AND ENJOYMENT OF  THE  PUBLIC;  OR  (VII)
 PROVIDE COMMUNITY GARDENS IN URBAN AREAS.
   11.  "RECREATIONAL  INFRASTRUCTURE  PROJECT"  MEANS THE DEVELOPMENT OR
 IMPROVEMENT OF STATE AND MUNICIPAL PARKS, CAMPGROUNDS,  NATURE  CENTERS,
 FISH  HATCHERIES,  AND  INFRASTRUCTURE  ASSOCIATED  WITH OPEN SPACE LAND
 CONSERVATION PROJECTS.
   12. "STATE ASSISTANCE PAYMENT" MEANS PAYMENT OF THE STATE SHARE OF THE
 COST OF PROJECTS  AUTHORIZED  BY  THIS  ARTICLE  TO  PRESERVE,  ENHANCE,
 RESTORE AND IMPROVE THE QUALITY OF THE STATE'S ENVIRONMENT.
   13.  "STATE  ENTITY"  MEANS  ANY  STATE  DEPARTMENT, DIVISION, AGENCY,
 OFFICE, PUBLIC AUTHORITY, OR PUBLIC BENEFIT CORPORATION.

 S. 2508--B                         179
 
   14. "WATER QUALITY IMPROVEMENT  PROJECT"  FOR  THE  PURPOSES  OF  THIS
 TITLE,  MEANS  PROJECTS  DESIGNED TO IMPROVE THE QUALITY OF DRINKING AND
 SURFACE WATERS.
   15. "WETLAND AND STREAM RESTORATION PROJECT" MEANS ACTIVITIES DESIGNED
 TO  RESTORE FRESHWATER AND TIDAL WETLANDS, AND STREAMS OF THE STATE, FOR
 THE PURPOSE OF ENHANCING  HABITAT,  INCREASING  CONNECTIVITY,  IMPROVING
 WATER QUALITY, AND FLOOD RISK REDUCTION.
 § 58-0103. ALLOCATION OF MONEYS.
   THE  MONEYS  RECEIVED  BY THE STATE FROM THE SALE OF BONDS PURSUANT TO
 THE ENVIRONMENTAL BOND ACT OF 2021 SHALL BE DISBURSED IN  THE  FOLLOWING
 AMOUNTS  PURSUANT  TO  APPROPRIATIONS  AS  SPECIFICALLY  PROVIDED FOR IN
 TITLES THREE, FIVE, SEVEN, AND NINE OF THIS ARTICLE:
   1. NOT LESS THAN ONE BILLION DOLLARS ($1,000,000,000) FOR  RESTORATION
 AND FLOOD RISK REDUCTION AS SET FORTH IN TITLE THREE OF THIS ARTICLE.
   2.  UP  TO  FIVE HUNDRED FIFTY MILLION DOLLARS ($550,000,000) FOR OPEN
 SPACE LAND CONSERVATION AND RECREATION AS SET FORTH  IN  TITLE  FIVE  OF
 THIS ARTICLE.
   3.  UP  TO  SEVEN  HUNDRED  MILLION DOLLARS ($700,000,000) FOR CLIMATE
 CHANGE MITIGATION AS SET FORTH IN TITLE SEVEN OF THIS ARTICLE.
   4. NOT LESS THAN FIVE HUNDRED FIFTY MILLION DOLLARS ($550,000,000) FOR
 WATER QUALITY IMPROVEMENT AND RESILIENT INFRASTRUCTURE AS SET  FORTH  IN
 TITLE NINE OF THIS ARTICLE.
 § 58-0105. POWERS AND DUTIES.
   IN IMPLEMENTING THE PROVISIONS OF THIS ARTICLE THE DEPARTMENT IS HERE-
 BY AUTHORIZED TO:
   1.  ADMINISTER  FUNDS GENERATED PURSUANT TO THE ENVIRONMENTAL BOND ACT
 OF 2021 "CLEAN WATER, GREEN JOBS, GREEN NEW YORK".
   2. IN THE NAME OF THE STATE, AS FURTHER PROVIDED WITHIN THIS  ARTICLE,
 CONTRACT  TO  MAKE,  WITHIN  THE LIMITATIONS OF APPROPRIATIONS AVAILABLE
 THEREFOR, STATE  ASSISTANCE  PAYMENTS  TOWARD  THE  COST  OF  A  PROJECT
 APPROVED, AND TO BE UNDERTAKEN PURSUANT TO THIS ARTICLE.
   3. APPROVE VOUCHERS FOR THE PAYMENTS PURSUANT TO AN APPROVED CONTRACT.
   4.  ENTER  INTO CONTRACTS WITH ANY PERSON, FIRM, CORPORATION, NOT-FOR-
 PROFIT CORPORATION, AGENCY OR OTHER ENTITY, PRIVATE OR GOVERNMENTAL, FOR
 THE PURPOSE OF EFFECTUATING THE PROVISIONS OF THIS ARTICLE.
   5. PROMULGATE SUCH RULES AND REGULATIONS AND TO DEVELOP SUCH FORMS AND
 PROCEDURES NECESSARY TO  EFFECTUATE  THE  PROVISIONS  OF  THIS  ARTICLE,
 INCLUDING  BUT  NOT  LIMITED  TO REQUIREMENTS FOR THE FORM, CONTENT, AND
 SUBMISSION OF APPLICATIONS BY MUNICIPALITIES FOR STATE FINANCIAL ASSIST-
 ANCE.
   6. DELEGATE TO, OR COOPERATE WITH,  ANY  OTHER  STATE  ENTITY  IN  THE
 ADMINISTRATION OF THIS ARTICLE.
   7.  PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY, PROPER OR
 DESIRABLE TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
 § 58-0107. POWERS AND DUTIES OF A MUNICIPALITY.
   A MUNICIPALITY SHALL HAVE THE POWER AND AUTHORITY TO:
   1. UNDERTAKE AND CARRY OUT ANY  PROJECT  FOR  WHICH  STATE  ASSISTANCE
 PAYMENTS  PURSUANT TO CONTRACT ARE RECEIVED OR ARE TO BE RECEIVED PURSU-
 ANT TO THIS ARTICLE AND MAINTAIN AND OPERATE SUCH PROJECT.
   2. EXPEND MONEY RECEIVED FROM THE STATE PURSUANT TO THIS  ARTICLE  FOR
 COSTS INCURRED IN CONJUNCTION WITH THE APPROVED PROJECT.
   3.  APPLY  FOR  AND  RECEIVE  MONEYS FROM THE STATE FOR THE PURPOSE OF
 ACCOMPLISHING PROJECTS UNDERTAKEN OR TO BE UNDERTAKEN PURSUANT  TO  THIS
 ARTICLE.

 S. 2508--B                         180
 
   4.  PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY, PROPER OR
 DESIRABLE TO CARRY OUT A PROJECT OR OBLIGATION, DUTY OR FUNCTION RELATED
 THERETO.
 § 58-0109. CONSISTENCY WITH FEDERAL TAX LAW.
   ALL  ACTIONS UNDERTAKEN PURSUANT TO THIS ARTICLE SHALL BE REVIEWED FOR
 CONSISTENCY WITH PROVISIONS OF THE FEDERAL  INTERNAL  REVENUE  CODE  AND
 REGULATIONS  THEREUNDER,  IN  ACCORDANCE  WITH PROCEDURES ESTABLISHED IN
 CONNECTION WITH THE ISSUANCE OF ANY TAX EXEMPT BONDS  PURSUANT  TO  THIS
 ARTICLE, TO PRESERVE THE TAX EXEMPT STATUS OF SUCH BONDS.
 § 58-0111. COMPLIANCE WITH OTHER LAW.
   EVERY RECIPIENT OF FUNDS TO BE MADE AVAILABLE PURSUANT TO THIS ARTICLE
 SHALL COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL LAWS.
                                  TITLE 3
                   RESTORATION AND FLOOD RISK REDUCTION
 SECTION 58-0301. ALLOCATION OF MONEYS.
         58-0303. PROGRAMS, PLANS AND PROJECTS.
 § 58-0301. ALLOCATION OF MONEYS.
   OF THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS PURSUANT TO
 THE  ENVIRONMENTAL  BOND  ACT OF 2021, NOT LESS THAN ONE BILLION DOLLARS
 ($1,000,000,000) SHALL BE AVAILABLE FOR  DISBURSEMENTS  FOR  RESTORATION
 AND  FLOOD RISK REDUCTION PROJECTS DEVELOPED PURSUANT TO SECTION 58-0303
 OF  THIS  TITLE.  NOT  MORE  THAN  TWO  HUNDRED  FIFTY  MILLION  DOLLARS
 ($250,000,000)  OF  THIS AMOUNT SHALL BE AVAILABLE FOR PROJECTS PURSUANT
 TO SUBDIVISION TWO OF SECTION 58-0303 OF THIS TITLE AND  NOT  LESS  THAN
 ONE  HUNDRED  MILLION DOLLARS ($100,000,000) EACH SHALL BE AVAILABLE FOR
 COASTAL REHABILITATION AND SHORELINE RESTORATION PROJECTS  AND  PROJECTS
 WHICH  ADDRESS  INLAND  FLOODING, PURSUANT TO PARAGRAPH A OF SUBDIVISION
 ONE OF SECTION 58-0303 OF THIS TITLE.
 § 58-0303. PROGRAMS, PLANS AND PROJECTS.
   1. ELIGIBLE RESTORATION AND FLOOD RISK REDUCTION PROJECTS INCLUDE, BUT
 ARE NOT LIMITED TO COSTS ASSOCIATED WITH:
   A. (1) PROJECTS IDENTIFIED IN STATE AND REGIONAL MANAGEMENT AND RESTO-
 RATION PROGRAMS AND PLANS INCLUDING BUT NOT LIMITED TO THE  GREAT  LAKES
 ACTION  AGENDA,  MOHAWK  RIVER  BASIN  ACTION AGENDA, OCEAN ACTION PLAN,
 HUDSON RIVER ESTUARY ACTION  AGENDA,  LONG  ISLAND  SOUND  COMPREHENSIVE
 CONSERVATION AND MANAGEMENT PLAN, SOUTH SHORE ESTUARY RESERVE COMPREHEN-
 SIVE  MANAGEMENT  PLAN,  PECONIC  ESTUARY COMPREHENSIVE CONSERVATION AND
 MANAGEMENT PLAN, DELAWARE ACTION PLAN, SUSQUEHANNA ACTION  PLAN,  FOREST
 MANAGEMENT  FRAMEWORK  FOR  NEW YORK CITY AND NEW YORK/NEW JERSEY HARBOR
 ESTUARY PLAN;
   (2) LOCAL WATERFRONT REVITALIZATION PLANS PREPARED PURSUANT TO ARTICLE
 FORTY-TWO OF THE EXECUTIVE LAW; AND
   (3) COASTAL REHABILITATION AND SHORELINE RESTORATION PROJECTS, INCLUD-
 ING NATURE-BASED SOLUTIONS;
   B. FLOOD RISK REDUCTION PROJECTS INCLUDING BUT NOT LIMITED TO:  ACQUI-
 SITION OF REAL PROPERTY; MOVING, LIFTING OR RAISING OF  EXISTING  FLOOD-
 PRONE  INFRASTRUCTURE  OR  STRUCTURES; RELOCATION, REPAIR, OR RAISING OF
 FLOOD-PRONE OR REPEATEDLY FLOODED  ROADWAYS;  AND  PROJECTS  TO  REMOVE,
 ALTER,  OR RIGHT-SIZE DAMS, BRIDGES, AND CULVERTS, BUT SHALL NOT INCLUDE
 ROUTINE CONSTRUCTION OR MAINTENANCE UNDERTAKEN BY THE STATE AND  MUNICI-
 PALITIES WHICH DOES NOT PROVIDE FLOOD RISK REDUCTION BENEFITS; AND
   C.  RESTORATION  PROJECTS  INCLUDING  BUT NOT LIMITED TO:  FLOODPLAIN,
 WETLAND AND STREAM RESTORATION PROJECTS; FOREST CONSERVATION; ENDANGERED
 AND THREATENED  SPECIES  PROJECTS;  AND  HABITAT  RESTORATION  PROJECTS,
 INCLUDING  ACQUISITION  OF  FEE TITLE AND EASEMENTS, INTENDED TO IMPROVE
 THE LANDS AND WATERS OF THE STATE OF ECOLOGICAL SIGNIFICANCE OR ANY PART

 S. 2508--B                         181
 
 THEREOF, INCLUDING, BUT NOT LIMITED TO FORESTS, PONDS,  BOGS,  WETLANDS,
 BAYS,  SOUNDS,  STREAMS,  RIVERS,  OR  LAKES  AND SHORELINES THEREOF, TO
 SUPPORT A SPAWNING, NURSERY, WINTERING,  MIGRATORY,  NESTING,  BREEDING,
 FEEDING, OR FORAGING ENVIRONMENT FOR FISH AND WILDLIFE AND OTHER BIOTA.
   2.  THE  COMMISSIONER  AND THE COMMISSIONER OF THE DIVISION OF HOUSING
 AND COMMUNITY RENEWAL ARE AUTHORIZED PURSUANT TO PARAGRAPH B OF SUBDIVI-
 SION ONE OF THIS SECTION TO PURCHASE PRIVATE REAL PROPERTY IDENTIFIED AS
 AT-RISK TO FLOODING, FROM WILLING SELLERS. THE COMMISSIONER OF THE DIVI-
 SION OF HOUSING AND COMMUNITY RENEWAL SHALL BE AUTHORIZED TO TRANSFER TO
 ANY STATE AGENCY OR PUBLIC AUTHORITY ANY REAL PROPERTY IN ORDER TO CARRY
 OUT THE PURPOSES OF THIS ARTICLE. IN CONNECTION THEREWITH,  THE  HOUSING
 TRUST FUND CORPORATION SHALL BE AUTHORIZED TO CREATE A SUBSIDIARY CORPO-
 RATION  TO CARRY OUT THE PROGRAM AUTHORIZED UNDER THIS SUBDIVISION. SUCH
 SUBSIDIARY CORPORATION SHALL HAVE ALL THE  PRIVILEGES,  IMMUNITIES,  TAX
 EXEMPTION  AND OTHER EXEMPTIONS OF THE AGENCY TO THE EXTENT THE SAME ARE
 NOT INCONSISTENT WITH THIS SECTION.
   A. THE COMMISSIONER AND THE COMMISSIONER OF THE  DIVISION  OF  HOUSING
 AND  COMMUNITY  RENEWAL OR ANY OTHER DEPARTMENT OR STATE AGENCY THAT HAS
 RECEIVED FUNDS SUBALLOCATED PURSUANT TO  THIS  SECTION  MAY  ENTER  INTO
 AGREEMENTS  WITH MUNICIPALITIES, AND NOT-FOR-PROFIT CORPORATIONS FOR THE
 PURPOSE OF IMPLEMENTING A PROGRAM PURSUANT TO THIS SECTION.
   B. THE DEPARTMENT AND THE DIVISION OF HOUSING  AND  COMMUNITY  RENEWAL
 SHALL  PRIORITIZE  PROJECTS  IN  COMMUNITIES BASED ON PAST FLOOD RISK OR
 THOSE THAT PARTICIPATE IN  THE  FEDERAL  EMERGENCY  MANAGEMENT  AGENCY'S
 (FEMA) COMMUNITY RATING SYSTEM.
   C.  ANY  STATE  AGENCY  OR  AUTHORITY, MUNICIPALITY, OR NOT-FOR-PROFIT
 CORPORATION PURCHASING PRIVATE REAL PROPERTY MAY EXPEND COSTS ASSOCIATED
 WITH:
   (1) THE ACQUISITION OF REAL PROPERTY, BASED UPON  THE  PRE-FLOOD  FAIR
 MARKET VALUE OF THE SUBJECT PROPERTY;
   (2)  THE DEMOLITION AND REMOVAL OF STRUCTURES AND/OR INFRASTRUCTURE ON
 THE PROPERTY; AND
   (3) THE RESTORATION OF NATURAL RESOURCES TO FACILITATE BENEFICIAL OPEN
 SPACE, FLOOD MITIGATION, AND/OR SHORELINE STABILIZATION.
   D. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY STRUCTURE
 WHICH IS LOCATED ON REAL PROPERTY PURCHASED  PURSUANT  TO  THIS  PROGRAM
 SHALL BE DEMOLISHED OR REMOVED, PROVIDED THAT IT DOES NOT SERVE A USE OR
 PURPOSE CONSISTENT WITH PARAGRAPH F OF THIS SUBDIVISION.
   E. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, REAL PROPERTY
 PURCHASED WITH FUNDING PURSUANT TO THIS PROGRAM SHALL BE PROPERTY OF THE
 STATE, MUNICIPALITY, OR A NOT-FOR-PROFIT CORPORATION.
   F. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, REAL PROPERTY
 PURCHASED  WITH  FUNDING  PURSUANT TO THIS PROGRAM SHALL BE RESTORED AND
 MAINTAINED IN PERPETUITY IN A MANNER THAT, AIMS  TO  INCREASE  ECOSYSTEM
 FUNCTION,  PROVIDE  ADDITIONAL  FLOOD  DAMAGE MITIGATION FOR SURROUNDING
 PROPERTIES, PROTECT WILDLIFE HABITAT, AND WHEREVER PRACTICABLE AND SAFE,
 ALLOW FOR PASSIVE AND/OR RECREATIONAL  COMMUNITY  USE.  MUNICIPAL  FLOOD
 MITIGATION  PLANS, RESILIENCE, WATERFRONT REVITALIZATION PLANS OR HAZARD
 MITIGATION PLANS, WHEN APPLICABLE, SHALL BE CONSULTED  TO  IDENTIFY  THE
 APPROPRIATE RESTORATION AND END-USE OF THE PROPERTY.
   G.  ALL  OR  A  PORTION  OF  THE  APPROPRIATION IN THIS SECTION MAY BE
 PROVIDED TO THE DEPARTMENT OR THE  DIVISION  OF  HOUSING  AND  COMMUNITY
 RENEWAL  OR  SUBALLOCATED TO ANY OTHER DEPARTMENT, STATE AGENCY OR STATE
 AUTHORITY.
   H. PRIVATE REAL PROPERTY IDENTIFIED  AS  AT-RISK  TO  FLOODING  SHOULD
 GENERALLY  BE  LIMITED  TO THOSE: (1) IDENTIFIED AS BEING WITHIN THE ONE

 S. 2508--B                         182
 
 HUNDRED-YEAR FLOODPLAIN ON THE MOST RECENT FEMA  FLOOD  INSURANCE  MAPS;
 (2)  FLOODED  STRUCTURES  THAT  WOULD  QUALIFY FOR BUYOUT UNDER CRITERIA
 GENERALLY APPLICABLE TO FEMA POST-EMERGENCY ACQUISITIONS; (3) STRUCTURES
 IDENTIFIED  IN  A  STATE,  FEDERAL, LOCAL OR REGIONAL TECHNICAL STUDY AS
 SUITABLE FOR THE LOCATION  OF  A  FLOOD  RISK  MANAGEMENT  OR  ABATEMENT
 PROJECT  IN  AREAS IMMEDIATELY PROXIMATE TO INLAND OR COASTAL WATERWAYS;
 OR (4) STRUCTURES LOCATED IN COASTAL OR RIPARIAN AREAS  THAT  HAVE  BEEN
 DETERMINED  BY  A  STATE,  FEDERAL, LOCAL OR REGIONAL TECHNICAL STUDY TO
 SIGNIFICANTLY EXACERBATE FLOODING IN OTHER LOCATIONS.
   3. THE DEPARTMENT, THE OFFICE OF PARKS, RECREATION, AND HISTORIC PRES-
 ERVATION AND THE DEPARTMENT OF STATE ARE  AUTHORIZED  TO  PROVIDE  STATE
 ASSISTANCE  PAYMENTS  OR  GRANTS  TO  MUNICIPALITIES  AND NOT-FOR-PROFIT
 CORPORATIONS AND UNDERTAKE PROJECTS PURSUANT TO PARAGRAPH A OF  SUBDIVI-
 SION ONE OF THIS SECTION.
   4.  THE  DEPARTMENT  AND THE OFFICE OF PARKS, RECREATION, AND HISTORIC
 PRESERVATION ARE AUTHORIZED TO  PROVIDE  STATE  ASSISTANCE  PAYMENTS  OR
 GRANTS  TO  MUNICIPALITIES AND NOT-FOR-PROFIT CORPORATIONS AND UNDERTAKE
 PROJECTS PURSUANT TO PARAGRAPH B OF SUBDIVISION  ONE  OF  THIS  SECTION.
 CULVERT AND BRIDGE PROJECTS SHALL BE IN COMPLIANCE WITH THE DEPARTMENT'S
 STREAM CROSSING GUIDELINES AND BEST MANAGEMENT PRACTICES, AND ENGINEERED
 FOR  STRUCTURAL  INTEGRITY AND APPROPRIATE HYDRAULIC CAPACITY INCLUDING,
 WHERE AVAILABLE, PROJECTS FLOWS BASED ON FLOOD  MODELING  THAT  INCORPO-
 RATES   CLIMATE   CHANGE  PROJECTIONS  AND  SHALL  NOT  INCLUDE  ROUTINE
 CONSTRUCTION OR MAINTENANCE UNDERTAKEN BY THE STATE OR MUNICIPALITIES.
   5. THE DEPARTMENT AND THE OFFICE OF PARKS,  RECREATION,  AND  HISTORIC
 PRESERVATION  ARE  AUTHORIZED  TO  PROVIDE  STATE ASSISTANCE PAYMENTS OR
 GRANTS TO MUNICIPALITIES AND NOT-FOR-PROFIT CORPORATIONS  AND  UNDERTAKE
 PROJECTS PURSUANT TO PARAGRAPH C OF SUBDIVISION ONE OF THIS SECTION.
   6.  PROVIDED  THAT  FOR THE PURPOSES OF SELECTING PROJECTS FOR FUNDING
 UNDER PARAGRAPHS B AND C OF SUBDIVISION ONE OF THIS SECTION,  THE  RELE-
 VANT  AGENCIES SHALL DEVELOP ELIGIBILITY GUIDELINES AND POST INFORMATION
 ON THE DEPARTMENT'S WEBSITE IN THE ENVIRONMENTAL NOTICE BULLETIN PROVID-
 ING FOR A THIRTY-DAY PUBLIC COMMENT PERIOD AND UPON ADOPTION  POST  SUCH
 ELIGIBILITY GUIDELINES ON THE RELEVANT AGENCY'S WEBSITE.
                                  TITLE 5
                OPEN SPACE LAND CONSERVATION AND RECREATION
 SECTION 58-0501. ALLOCATION OF MONEYS.
         58-0503. PROGRAMS, PLANS AND PROJECTS.
 § 58-0501. ALLOCATION OF MONEYS.
   OF THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS PURSUANT TO
 THE  ENVIRONMENTAL  BOND  ACT  OF  2021  TO  BE USED FOR OPEN SPACE LAND
 CONSERVATION AND RECREATION PROJECTS, UP TO FIVE HUNDRED  FIFTY  MILLION
 DOLLARS  ($550,000,000)  SHALL  BE  AVAILABLE  FOR  PROGRAMS, PLANS, AND
 PROJECTS DEVELOPED PURSUANT TO SECTION 58-0503 OF THIS  TITLE,  HOWEVER,
 NOT  MORE  THAN SEVENTY-FIVE MILLION DOLLARS ($75,000,000) SHALL BE MADE
 AVAILABLE FOR THE CREATION OF  A  FISH  HATCHERY,  OR  THE  IMPROVEMENT,
 EXPANSION,  REPAIR  OR MAINTENANCE OF EXISTING FISH HATCHERIES, NOT LESS
 THAN TWO HUNDRED MILLION DOLLARS ($200,000,000) SHALL BE MADE  AVAILABLE
 FOR  OPEN  SPACE  LAND  CONSERVATION PROJECTS PURSUANT TO PARAGRAPH A OF
 SUBDIVISION ONE OF SECTION 58-0503 OF THIS TITLE AND NOT LESS  THAN  ONE
 HUNDRED MILLION DOLLARS ($100,000,000) SHALL BE MADE AVAILABLE FOR FARM-
 LAND  PROTECTION  PURSUANT  TO PARAGRAPH B OF SUBDIVISION ONE OF SECTION
 58-0503 OF THIS TITLE.
 § 58-0503. PROGRAMS, PLANS AND PROJECTS.
   1. ELIGIBLE OPEN  SPACE  WORKING  LANDS  CONSERVATION  AND  RECREATION
 PROJECTS INCLUDE, BUT ARE NOT LIMITED TO:

 S. 2508--B                         183

   A. COSTS ASSOCIATED WITH OPEN SPACE LAND CONSERVATION PROJECTS;
   B.  COSTS ASSOCIATED WITH PURCHASING CONSERVATION EASEMENTS TO PROTECT
 FARMLAND PURSUANT TO ARTICLE  TWENTY-FIVE-AAA  OF  THE  AGRICULTURE  AND
 MARKETS LAW; AND
   C. COSTS ASSOCIATED WITH RECREATIONAL INFRASTRUCTURE PROJECTS.
   2.  THE  DEPARTMENT  OR  THE  OFFICE OF PARKS, RECREATION AND HISTORIC
 PRESERVATION ARE AUTHORIZED TO UNDERTAKE OPEN  SPACE  LAND  CONSERVATION
 PROJECTS,  IN  COOPERATION  WITH WILLING SELLERS PURSUANT TO SUBDIVISION
 ONE OF THIS SECTION AND MAY ENTER INTO AN AGREEMENT FOR PURCHASE OF REAL
 PROPERTY OR CONSERVATION EASEMENTS ON REAL PROPERTY BY A MUNICIPALITY OR
 A NOT-FOR-PROFIT CORPORATION. ANY  SUCH  AGREEMENT  SHALL  CONTAIN  SUCH
 PROVISIONS AS SHALL BE NECESSARY TO ENSURE THAT THE PURCHASE IS CONSIST-
 ENT  WITH, AND IN FURTHERANCE OF, THIS TITLE AND SHALL BE SUBJECT TO THE
 APPROVAL OF THE COMPTROLLER AND, AS TO FORM, THE  ATTORNEY  GENERAL.  IN
 UNDERTAKING  SUCH  PROJECTS, SUCH COMMISSIONERS SHALL CONSIDER THE STATE
 LAND ACQUISITION PLAN PREPARED PURSUANT TO SECTION 49-0207 OF THIS CHAP-
 TER. FURTHER, THE DEPARTMENT OR THE  OFFICE  OF  PARKS,  RECREATION  AND
 HISTORIC   PRESERVATION  ARE  AUTHORIZED  TO  PROVIDE  STATE  ASSISTANCE
 PAYMENTS TO MUNICIPALITIES FOR ELIGIBLE PROJECTS CONSISTENT  WITH  PARA-
 GRAPHS A AND C OF SUBDIVISION ONE OF THIS SECTION.
   3.  THE  COST OF AN OPEN SPACE LAND CONSERVATION PROJECT SHALL INCLUDE
 THE COST OF PREPARING A MANAGEMENT PLAN FOR THE PRESERVATION AND BENEFI-
 CIAL PUBLIC ENJOYMENT OF THE LAND  ACQUIRED  PURSUANT  TO  THIS  SECTION
 EXCEPT  WHERE  SUCH  A  MANAGEMENT  PLAN ALREADY EXISTS FOR THE ACQUIRED
 LAND.
   4. THE DEPARTMENT AND THE DEPARTMENT OF AGRICULTURE  AND  MARKETS  ARE
 AUTHORIZED  TO  PROVIDE,  PURSUANT  TO PARAGRAPH B OF SUBDIVISION ONE OF
 THIS SECTION, FARMLAND  PRESERVATION  IMPLEMENTATION  GRANTS  TO  COUNTY
 AGRICULTURAL  AND FARMLAND PROTECTION BOARDS PURSUANT TO ARTICLE TWENTY-
 FIVE-AAA OF THE AGRICULTURE AND MARKETS LAW, OR TO MUNICIPALITIES,  SOIL
 AND  WATER  CONSERVATION  DISTRICTS  OR  NOT-FOR-PROFIT CORPORATIONS FOR
 IMPLEMENTATION OF PROJECTS.
   5. THE DEPARTMENT IS AUTHORIZED TO EXPEND MONEYS  TO  PURCHASE  EQUIP-
 MENT, DEVICES, AND OTHER NECESSARY MATERIALS AND TO ACQUIRE FEE TITLE OR
 CONSERVATION  EASEMENTS  IN LANDS FOR MONITORING, RESTORATION, RECOVERY,
 OR REINTRODUCTION PROJECTS FOR SPECIES LISTED AS ENDANGERED  OR  THREAT-
 ENED  OR  LISTED  AS  A  SPECIES  OF SPECIAL CONCERN PURSUANT TO SECTION
 11-0535 OF THIS CHAPTER.
   6. THE DEPARTMENT OR THE OFFICE  OF  PARKS,  RECREATION  AND  HISTORIC
 PRESERVATION  ARE  AUTHORIZED TO EXPEND MONEYS FOR THE PLANNING, DESIGN,
 AND CONSTRUCTION OF PROJECTS TO DEVELOP AND IMPROVE PARKS,  CAMPGROUNDS,
 NATURE CENTERS, FISH HATCHERIES, AND OTHER RECREATIONAL FACILITIES.
   7.  THE COMMISSIONER AND A NOT-FOR-PROFIT CORPORATION MAY ENTER INTO A
 CONTRACT FOR THE UNDERTAKING BY THE  NOT-FOR-PROFIT  CORPORATION  OF  AN
 OPEN SPACE LAND ACQUISITION PROJECT.
   8.  REAL PROPERTY ACQUIRED, DEVELOPED, IMPROVED, RESTORED OR REHABILI-
 TATED BY OR THROUGH A MUNICIPALITY PURSUANT TO PARAGRAPH A  OF  SUBDIVI-
 SION ONE OF THIS SECTION OR UNDERTAKEN BY OR ON BEHALF OF A MUNICIPALITY
 WITH  FUNDS  MADE  AVAILABLE  PURSUANT  TO THIS TITLE SHALL NOT BE SOLD,
 LEASED, EXCHANGED, DONATED OR OTHERWISE DISPOSED OF OR  USED  FOR  OTHER
 THAN PUBLIC PARK PURPOSES WITHOUT THE EXPRESS AUTHORITY OF AN ACT OF THE
 LEGISLATURE,  WHICH SHALL PROVIDE FOR THE SUBSTITUTION OF OTHER LANDS OF
 EQUAL ENVIRONMENTAL VALUE AND FAIR MARKET VALUE  AND  REASONABLY  EQUIV-
 ALENT  USEFULNESS  AND  LOCATION  TO  THOSE  TO BE DISCONTINUED, SOLD OR
 DISPOSED OF, AND SUCH OTHER REQUIREMENTS AS SHALL  BE  APPROVED  BY  THE
 COMMISSIONER.

 S. 2508--B                         184
 
   9.  PROVIDED  THAT  FOR THE PURPOSES OF SELECTING PROJECTS FOR FUNDING
 UNDER PARAGRAPHS A AND B OF SUBDIVISION ONE OF THIS SECTION,  THE  RELE-
 VANT  AGENCIES SHALL DEVELOP ELIGIBILITY GUIDELINES AND POST INFORMATION
 ON THE DEPARTMENT'S WEBSITE IN THE ENVIRONMENTAL NOTICE BULLETIN PROVID-
 ING  FOR  A THIRTY DAY PUBLIC COMMENT PERIOD AND UPON ADOPTION POST SUCH
 ELIGIBILITY GUIDELINES ON THE RELEVANT AGENCY'S WEBSITE.
                                  TITLE 7
                         CLIMATE CHANGE MITIGATION
 SECTION 58-0701. ALLOCATION OF MONEYS.
         58-0703. PROGRAMS, PLANS AND PROJECTS.
 § 58-0701. ALLOCATION OF MONEYS.
   OF THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS PURSUANT TO
 THE ENVIRONMENTAL BOND ACT OF 2021, UP TO SEVEN HUNDRED MILLION  DOLLARS
 ($700,000,000)  SHALL  BE  MADE  AVAILABLE FOR DISBURSEMENTS FOR CLIMATE
 CHANGE MITIGATION PROJECTS DEVELOPED PURSUANT TO SECTION 58-0703 OF THIS
 TITLE. NOT LESS THAN THREE HUNDRED FIFTY MILLION DOLLARS  ($350,000,000)
 OF THIS AMOUNT SHALL BE AVAILABLE FOR GREEN BUILDINGS PROJECTS.
 § 58-0703. PROGRAMS, PLANS AND PROJECTS.
   1.  ELIGIBLE  CLIMATE  CHANGE MITIGATION PROJECTS INCLUDE, BUT ARE NOT
 LIMITED TO:
   A. COSTS  ASSOCIATED  WITH  GREEN  BUILDING  PROJECTS,  PROJECTS  THAT
 INCREASE  ENERGY  EFFICIENCY OR THE USE OR SITING OF RENEWABLE ENERGY ON
 STATE-OWNED BUILDINGS OR PROPERTIES INCLUDING  BUILDINGS  OWNED  BY  THE
 STATE  UNIVERSITY OF THE STATE OF NEW YORK, CITY UNIVERSITY OF THE STATE
 OF NEW YORK, AND COMMUNITY COLLEGES;
   B. COSTS ASSOCIATED WITH PROJECTS THAT  UTILIZE  NATURAL  AND  WORKING
 LANDS  TO  SEQUESTER CARBON AND MITIGATE METHANE EMISSIONS FROM AGRICUL-
 TURAL  SOURCES,  SUCH  AS  MANURE  STORAGE  THROUGH  COVER  AND  METHANE
 REDUCTION TECHNOLOGIES;
   C.  COSTS  ASSOCIATED  WITH  IMPLEMENTING CLIMATE ADAPTATION AND MITI-
 GATION PROJECTS PURSUANT TO SECTION 54-1523 OF THIS CHAPTER;
   D. COSTS ASSOCIATED WITH URBAN FORESTRY PROJECTS SUCH  AS  FOREST  AND
 HABITAT  RESTORATION,  FOR PURCHASE AND PLANTING OF STREET TREES AND FOR
 PROJECTS TO EXPAND  THE  EXISTING  TREE  CANOPY  AND  BOLSTER  COMMUNITY
 HEALTH;
   E.  COSTS  ASSOCIATED  WITH  PROJECTS  THAT  REDUCE  URBAN HEAT ISLAND
 EFFECT, SUCH AS INSTALLATION OF  GREEN  ROOFS,  OPEN  SPACE  PROTECTION,
 COMMUNITY  GARDENS,  COOL  PAVEMENT  PROJECTS,  PROJECTS  THAT CREATE OR
 UPGRADE COMMUNITY COOLING CENTERS, AND THE  INSTALLATION  OF  REFLECTIVE
 ROOFS WHERE INSTALLATION OF GREEN ROOFS IS NOT POSSIBLE;
   F. COSTS ASSOCIATED WITH PROJECTS TO REDUCE OR ELIMINATE AIR POLLUTION
 FROM STATIONARY OR MOBILE SOURCES OF AIR POLLUTION AFFECTING AN ENVIRON-
 MENTAL JUSTICE COMMUNITY; AND
   G.  COSTS  ASSOCIATED  WITH  PROJECTS  WHICH WOULD REDUCE OR ELIMINATE
 WATER POLLUTION, WHETHER FROM POINT OR NON-POINT  DISCHARGES,  AFFECTING
 AN ENVIRONMENTAL JUSTICE COMMUNITY.
   2.  THE  DEPARTMENT,  THE  DEPARTMENT  OF AGRICULTURE AND MARKETS, THE
 OFFICE OF PARKS, RECREATION AND  HISTORIC  PRESERVATION,  THE  NEW  YORK
 STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND THE OFFICE OF GENER-
 AL  SERVICES  ARE  AUTHORIZED  TO  PROVIDE  STATE ASSISTANCE PAYMENTS OR
 GRANTS TO MUNICIPALITIES AND NOT-FOR-PROFIT  CORPORATIONS  OR  UNDERTAKE
 PROJECTS PURSUANT TO THIS SECTION.
   3.  PROVIDED  THAT  FOR THE PURPOSES OF SELECTING PROJECTS FOR FUNDING
 UNDER THIS SECTION, THE  RELEVANT  AGENCIES  SHALL  DEVELOP  ELIGIBILITY
 GUIDELINES AND POST INFORMATION ON THE DEPARTMENT'S WEBSITE IN THE ENVI-
 RONMENTAL  NOTICE  BULLETIN  PROVIDING  FOR  A THIRTY-DAY PUBLIC COMMENT

 S. 2508--B                         185
 
 PERIOD AND UPON ADOPTION POST SUCH ELIGIBILITY GUIDELINES ON  THE  RELE-
 VANT AGENCY'S WEBSITE.
                                  TITLE 9
          WATER QUALITY IMPROVEMENT AND RESILIENT INFRASTRUCTURE
 SECTION 58-0901. ALLOCATION OF MONEYS.
         58-0903. PROGRAMS, PLANS AND PROJECTS.
 § 58-0901. ALLOCATION OF MONEYS.
   OF THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS PURSUANT TO
 THE  ENVIRONMENTAL  BOND ACT OF 2021 FOR DISBURSEMENTS FOR STATE ASSIST-
 ANCE FOR WATER QUALITY IMPROVEMENT PROJECTS AS DEFINED BY TITLE  ONE  OF
 THIS   ARTICLE,  NOT  LESS  THAN  FIVE  HUNDRED  FIFTY  MILLION  DOLLARS
 ($550,000,000) SHALL BE AVAILABLE FOR WATER QUALITY IMPROVEMENT PROJECTS
 DEVELOPED PURSUANT TO SECTION 58-0903 OF THIS TITLE. NOT LESS  THAN  TWO
 HUNDRED MILLION DOLLARS ($200,000,000) OF THIS AMOUNT SHALL BE AVAILABLE
 FOR  WASTEWATER  INFRASTRUCTURE  PROJECTS UNDERTAKEN PURSUANT TO THE NEW
 YORK STATE WATER INFRASTRUCTURE IMPROVEMENT  ACT  OF  2017  PURSUANT  TO
 PARAGRAPH E OF SUBDIVISION ONE OF SECTION 58-0903 OF THIS TITLE, AND NOT
 LESS  THAN ONE HUNDRED MILLION DOLLARS ($100,000,000) SHALL BE AVAILABLE
 FOR MUNICIPAL STORMWATER PROJECTS PURSUANT TO PARAGRAPH A OF SUBDIVISION
 ONE OF SECTION 58-0903 OF THIS TITLE.
 § 58-0903. PROGRAMS, PLANS AND PROJECTS.
   1. ELIGIBLE WATER QUALITY IMPROVEMENT PROJECT COSTS INCLUDE,  BUT  ARE
 NOT LIMITED TO:
   A.  COSTS  ASSOCIATED  WITH GRANTS TO MUNICIPALITIES FOR PROJECTS THAT
 REDUCE OR CONTROL STORM WATER RUNOFF, USING GREEN  INFRASTRUCTURE  WHERE
 PRACTICABLE;
   B.  COSTS  ASSOCIATED  WITH PROJECTS THAT REDUCE AGRICULTURAL NUTRIENT
 RUNOFF AND PROMOTE SOIL HEALTH SUCH AS PROJECTS WHICH IMPLEMENT  COMPRE-
 HENSIVE  NUTRIENT  MANAGEMENT PLANS, OTHER AGRICULTURAL NUTRIENT MANAGE-
 MENT PROJECTS, AND  NON-POINT  SOURCE  ABATEMENT  AND  CONTROL  PROGRAMS
 INCLUDING  PROJECTS DEVELOPED PURSUANT TO SECTIONS ELEVEN-A AND ELEVEN-B
 OF THE SOIL AND WATER CONSERVATION DISTRICTS;
   C. COSTS ASSOCIATED WITH PROJECTS THAT ADDRESS  HARMFUL  ALGAL  BLOOMS
 SUCH  AS  ABATEMENT PROJECTS AND PROJECTS FOCUSED ON ADDRESSING NUTRIENT
 REDUCTION IN FRESHWATER AND  MARINE  WATERS,  WASTEWATER  INFRASTRUCTURE
 SYSTEMS THAT TREAT NITROGEN AND PHOSPHORUS, AND LAKE TREATMENT SYSTEMS;
   D.  COSTS ASSOCIATED WITH WASTEWATER INFRASTRUCTURE PROJECTS INCLUDING
 BUT NOT LIMITED TO EXTENDING OR  ESTABLISHING  SEWER  LINES  TO  REPLACE
 FAILING  SEPTIC SYSTEMS OR CESSPOOLS AND PROJECTS AS PROVIDED BY SECTION
 TWELVE HUNDRED EIGHTY-FIVE-U OF THE PUBLIC AUTHORITIES LAW;
   E. COSTS ASSOCIATED WITH PROJECTS TO REDUCE, AVOID OR ELIMINATE  POINT
 AND  NON-POINT  SOURCE DISCHARGES TO WATER INCLUDING PROJECTS AUTHORIZED
 BY THE NEW YORK STATE WATER IMPROVEMENT INFRASTRUCTURE ACT OF  2017  AND
 SECTION TWELVE HUNDRED EIGHTY-FIVE-S OF THE PUBLIC AUTHORITIES LAW;
   F.  COSTS  ASSOCIATED  WITH  THE  ESTABLISHMENT OF RIPARIAN BUFFERS TO
 PROVIDE DISTANCE BETWEEN FARM FIELDS AND STREAMS OR ABATE EROSION DURING
 HIGH FLOW EVENTS; AND
   G. COSTS ASSOCIATED WITH LEAD SERVICE  LINE  REPLACEMENT  PURSUANT  TO
 SECTION ELEVEN HUNDRED FOURTEEN OF THE PUBLIC HEALTH LAW.
   2.  THE  DEPARTMENT  AND  THE  NEW YORK STATE ENVIRONMENTAL FACILITIES
 CORPORATION ARE AUTHORIZED  TO  PROVIDE  STATE  ASSISTANCE  PAYMENTS  OR
 GRANTS  TO MUNICIPALITIES FOR PROJECTS AUTHORIZED PURSUANT TO PARAGRAPHS
 A, B, AND D OF SUBDIVISION ONE OF THIS SECTION.
   3. THE DEPARTMENT OF AGRICULTURE AND MARKETS SHALL  BE  AUTHORIZED  TO
 MAKE  STATE ASSISTANCE PAYMENTS TO SOIL AND WATER CONSERVATION DISTRICTS
 FOR THE  COST  OF  IMPLEMENTING  AGRICULTURAL  ENVIRONMENTAL  MANAGEMENT

 S. 2508--B                         186
 
 PLANS, INCLUDING PURCHASE OF EQUIPMENT FOR MEASURING AND MONITORING SOIL
 HEALTH AND SOIL CONDITIONS.
   4.  THE  DEPARTMENT IS AUTHORIZED TO MAKE GRANTS AVAILABLE TO NOT-FOR-
 PROFITS AND ACADEMIC INSTITUTIONS FOR PARAGRAPHS B, C, AND F OF SUBDIVI-
 SION ONE OF THIS SECTION, AND MAKE STATE ASSISTANCE PAYMENTS TO  MUNICI-
 PALITIES AND UNDERTAKE PROJECTS PURSUANT TO THIS SECTION.
   5. PROVIDED THAT FOR THE PURPOSES OF SELECTING PROJECTS FOR FUNDING OF
 THIS SECTION, THE RELEVANT AGENCIES SHALL DEVELOP ELIGIBILITY GUIDELINES
 AND  POST  INFORMATION  ON THE DEPARTMENT'S WEBSITE IN THE ENVIRONMENTAL
 NOTICE BULLETIN PROVIDING FOR A THIRTY-DAY  PUBLIC  COMMENT  PERIOD  AND
 UPON  ADOPTION POST SUCH ELIGIBILITY GUIDELINES ON THE RELEVANT AGENCY'S
 WEBSITE.
                                 TITLE 11
                    ENVIRONMENTAL JUSTICE AND REPORTING
 SECTION 58-1101. BENEFITS OF FUNDS.
         58-1103. REPORTING.
 § 58-1101. BENEFITS OF FUNDS.
   THE DEPARTMENT SHALL MAKE EVERY  EFFORT  PRACTICABLE  TO  ENSURE  THAT
 THIRTY-FIVE  PERCENT OF THE FUNDS PURSUANT TO THIS ARTICLE BENEFIT ENVI-
 RONMENTAL JUSTICE COMMUNITIES.
 § 58-1103. REPORTING.
   1. NO LATER THAN SIXTY DAYS FOLLOWING THE END  OF  EACH  FISCAL  YEAR,
 EACH DEPARTMENT, AGENCY, PUBLIC BENEFIT CORPORATION, AND PUBLIC AUTHORI-
 TY RECEIVING AN ALLOCATION OR ALLOCATIONS OF APPROPRIATION FINANCED FROM
 THE  CLEAN  WATER,  GREEN JOBS, GREEN NEW YORK ENVIRONMENTAL BOND ACT OF
 2021 SHALL SUBMIT TO THE COMMISSIONER IN A MANNER AND FORM PRESCRIBED BY
 THE DEPARTMENT, THE FOLLOWING INFORMATION AS OF  MARCH  THIRTY-FIRST  OF
 SUCH  FISCAL YEAR, WITHIN EACH CATEGORY LISTED IN THIS TITLE:  THE TOTAL
 APPROPRIATION; TOTAL COMMITMENTS; YEAR-TO-DATE DISBURSEMENTS;  REMAINING
 UNCOMMITTED BALANCES; AND A DESCRIPTION OF EACH PROJECT.
   2.  NO  LATER  THAN  ONE HUNDRED TWENTY DAYS FOLLOWING THE END OF EACH
 FISCAL YEAR, THE DEPARTMENT SHALL SUBMIT TO THE GOVERNOR, THE  TEMPORARY
 PRESIDENT  OF  THE SENATE, AND THE SPEAKER OF THE ASSEMBLY A REPORT THAT
 INCLUDES THE INFORMATION RECEIVED. A COPY OF THE REPORT SHALL BE  POSTED
 ON THE DEPARTMENT'S WEBSITE.
   §  2. The state finance law is amended by adding a new section 97-tttt
 to read as follows:
   § 97-TTTT. CLEAN WATER, GREEN JOBS, GREEN NEW YORK BOND FUND. 1. THERE
 IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER  AND
 THE  COMMISSIONER  OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS
 THE "CLEAN WATER, GREEN JOBS, GREEN NEW YORK BOND FUND".
   2. THE STATE COMPTROLLER SHALL DEPOSIT INTO  THE  CLEAN  WATER,  GREEN
 JOBS, GREEN NEW YORK BOND FUND ALL MONEYS RECEIVED BY THE STATE FROM THE
 SALE OF BONDS AND/OR NOTES FOR USES ELIGIBLE PURSUANT TO SECTION FOUR OF
 THE  ENVIRONMENTAL  BOND ACT OF 2021 "CLEAN WATER, GREEN JOBS, GREEN NEW
 YORK".
   3. MONEYS IN THE CLEAN WATER, GREEN JOBS, GREEN NEW  YORK  BOND  FUND,
 FOLLOWING  APPROPRIATION BY THE LEGISLATURE AND ALLOCATION BY THE DIREC-
 TOR OF THE BUDGET, SHALL BE AVAILABLE ONLY FOR REIMBURSEMENT OF EXPENDI-
 TURES MADE FROM APPROPRIATIONS FROM THE CAPITAL PROJECTS  FUND  FOR  THE
 PURPOSE OF THE CLEAN WATER, GREEN JOBS, GREEN NEW YORK BOND FUND, AS SET
 FORTH  IN  THE  ENVIRONMENTAL BOND ACT OF 2021 "CLEAN WATER, GREEN JOBS,
 GREEN NEW YORK".
   4. NO MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR NOTES
 SOLD PURSUANT TO THE ENVIRONMENTAL BOND ACT OF 2021 "CLEAN WATER,  GREEN
 JOBS,  GREEN  NEW  YORK"  SHALL  BE EXPENDED FOR ANY PROJECT UNTIL FUNDS

 S. 2508--B                         187
 
 THEREFOR HAVE BEEN ALLOCATED PURSUANT TO THE PROVISIONS OF THIS  SECTION
 AND  COPIES  OF  THE APPROPRIATE CERTIFICATES OF APPROVAL FILED WITH THE
 CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF  THE  ASSEMBLY  WAYS
 AND MEANS COMMITTEE AND THE STATE COMPTROLLER.
   §  3.  Section  61 of the state finance law is amended by adding a new
 subdivision 32 to read as follows:
   32. THIRTY YEARS. FOR THE PAYMENT OF "CLEAN WATER, GREEN  JOBS,  GREEN
 NEW  YORK"  PROJECTS,  AS DEFINED IN ARTICLE FIFTY-EIGHT OF THE ENVIRON-
 MENTAL CONSERVATION LAW AND UNDERTAKEN PURSUANT TO A CHAPTER OF THE LAWS
 OF TWO THOUSAND TWENTY-ONE, ENACTING AND CONSTITUTING THE  ENVIRONMENTAL
 BOND  ACT  OF  2021  "CLEAN  WATER, GREEN JOBS, GREEN NEW YORK".  THIRTY
 YEARS FOR FLOOD CONTROL INFRASTRUCTURE, OTHER ENVIRONMENTAL  INFRASTRUC-
 TURE,  WETLAND  AND  OTHER  HABITAT RESTORATION, WATER QUALITY PROJECTS,
 ACQUISITION OF LAND, INCLUDING ACQUISITION OF REAL PROPERTY, AND RENEWA-
 BLE ENERGY PROJECTS. NOTWITHSTANDING THE FOREGOING, FOR THE PURPOSES  OF
 CALCULATING  ANNUAL  DEBT  SERVICE,  THE STATE COMPTROLLER SHALL APPLY A
 WEIGHTED AVERAGE PERIOD OF PROBABLE LIFE OF  CLEAN  WATER,  GREEN  JOBS,
 GREEN  NEW  YORK  PROJECTS,  INCLUDING ANY OTHER WORKS OR PURPOSES TO BE
 FINANCED WITH STATE DEBT. WEIGHTED AVERAGE PERIOD OF PROBABLE LIFE SHALL
 BE DETERMINED BY COMPUTING THE SUM OF THE PRODUCTS DERIVED  FROM  MULTI-
 PLYING  THE  DOLLAR VALUE OF THE PORTION OF THE DEBT CONTRACTED FOR EACH
 WORK OR PURPOSE (OR CLASS OF WORKS OR PURPOSES) BY THE PROBABLE LIFE  OF
 SUCH  WORK  OR  PURPOSE (OR CLASS OF WORKS OR PURPOSES) AND DIVIDING THE
 RESULTING SUM BY THE DOLLAR VALUE OF THE ENTIRE DEBT AFTER  TAKING  INTO
 CONSIDERATION ANY ORIGINAL ISSUE PREMIUM OR DISCOUNT.
   §  4.  If any clause, sentence, paragraph, section or part of this act
 shall be adjudged by any court of competent jurisdiction to be  invalid,
 such judgment shall not affect, impair or invalidate the remainder ther-
 eof,  but  shall  be  confined in its operation to the clause, sentence,
 paragraph, section or part thereof directly involved in the  controversy
 in which such judgment shall have been rendered.
   §  5.  This  act shall take effect only in the event that section 1 of
 part AAA of the chapter of the laws of 2021 enacting  the  environmental
 bond  act of 2021 "clean water, green jobs, green New York" is submitted
 to the people at the general election to be held in November 2021 and is
 approved by a majority of all votes cast for  and  against  it  at  such
 election.  Upon  such  approval, this act shall take effect immediately;
 provided that the commissioner of environmental conservation shall noti-
 fy the legislative bill drafting commission upon the occurrence  of  the
 enactment  of  section  1 of part AAA of the chapter of the laws of 2021
 enacting the environmental bond act of 2021 "clean  water,  green  jobs,
 green  New  York", in order that the commission may maintain an accurate
 and timely effective data base of the official text of the laws  of  the
 state  of  New  York  in  furtherance  of effectuating the provisions of
 section 44 of the legislative law and section 70-b of the  public  offi-
 cers  law. Effective immediately, the addition, amendment, and/or repeal
 of any rule or regulation necessary for the implementation of the  fore-
 going  sections  of  this act are authorized and directed to be made and
 completed on or before such effective date.
 
                                 PART CCC
 
   Section 1. Legislative intent. The legislature  finds  the  amount  of
 waste generated in New York is a threat to the environment. The legisla-
 ture further finds and declares that it is in the public interest of the
 state  of  New York for covered material and product producers to under-

 S. 2508--B                         188
 
 take the responsibility for the development and implementation of strat-
 egies to promote reduction, reuse, recovery, and  recycling  of  covered
 materials  and  products  through investments in the end-of-product-life
 management of products, printed paper, and product packaging.
   §  2.  Article  27 of the environmental conservation law is amended by
 adding a new title 33 to read as follows:
                                 TITLE 33
                   EXTENDED PRODUCER RESPONSIBILITY ACT
 SECTION 27-3301. DEFINITIONS.
         27-3303. PRODUCER RESPONSIBILITY ADVISORY BOARD.
         27-3305. PRODUCER RESPONSIBILITIES.
         27-3307. FUNDING MECHANISM.
         27-3309. PRODUCER RESPONSIBILITY PLAN AND NEEDS ASSESSMENT.
         27-3311. PRODUCER RESPONSIBILITY PLAN APPROVAL.
         27-3313. COLLECTION AND CONVENIENCE.
         27-3315. OUTREACH AND EDUCATION.
         27-3317. REPORTING REQUIREMENTS AND AUDITS.
         27-3319. ANTITRUST PROTECTIONS.
         27-3321. PENALTIES.
         27-3323. STATE PREEMPTION.
         27-3325. AUTHORITY TO PROMULGATE RULES AND REGULATIONS.
         27-3327. OTHER ASSISTANCE PROGRAMS.
         27-3329. SEVERABILITY.
 § 27-3301. DEFINITIONS.
   AS USED IN THIS TITLE:
   1. "COVERED MATERIALS AND PRODUCTS" SHALL MEAN ANY PART OF  A  PACKAGE
 OR  CONTAINER,  REGARDLESS OF RECYCLABILITY, THAT INCLUDES MATERIAL THAT
 IS USED FOR THE CONTAINMENT, PROTECTION, HANDLING, DELIVERY, AND PRESEN-
 TATION OF GOODS THAT ARE SOLD,  OFFERED  FOR  SALE,  OR  DISTRIBUTED  TO
 CONSUMERS,  VIA  RETAIL  COMMERCE,  IN  THE  STATE, INCLUDING THROUGH AN
 INTERNET TRANSACTION.  COVERED MATERIALS AND PRODUCTS INCLUDE,  BUT  ARE
 NOT LIMITED TO, THE FOLLOWING CLASSES OF MATERIALS:
   (A)  CONTAINERS AND PACKAGING: THIS CLASS INCLUDES ALL FLEXIBLE, FOAM,
 OR RIGID MATERIAL, INCLUDING BUT NOT LIMITED TO PAPER, CARTON,  PLASTIC,
 GLASS, OR METAL, AND ANY COMBINATION OF SUCH MATERIALS THAT:
   (I)  IS  INTENDED  TO  CONTAIN,  PROTECT,  WRAP,  PRESENT,  OR DELIVER
 PRODUCTS FROM THE RESPONSIBLE PARTY TO THE ULTIMATE  USER  OR  CONSUMER,
 INCLUDING  TERTIARY  PACKAGING  USED  FOR TRANSPORTATION OR DISTRIBUTION
 DIRECTLY TO A CONSUMER;
   (II) IS INTENDED FOR SINGLE OR SHORT-TERM USE AND DESIGNED TO CONTAIN,
 PROTECT OR WRAP PRODUCTS, INCLUDING SECONDARY PACKAGING INTENDED FOR THE
 CONSUMER MARKET; OR
   (III) DOES NOT INCLUDE PACKAGING USED FOR THE LONG-TERM PROTECTION  OR
 STORAGE OF A PRODUCT OR WITH A LIFE OF NOT LESS THAN FIVE YEARS.
   (B) PAPER PRODUCTS: THIS CLASS INCLUDES:
   (I) PAPER AND OTHER CELLULOSIC FIBERS, WHETHER OR NOT THEY ARE USED AS
 A  MEDIUM  FOR  TEXT  OR IMAGES AND MATERIALS IN THE NEWSPAPERS CLASS OF
 MATERIALS;
   (II) CONTAINERS OR PACKAGING USED TO DELIVER PRINTED  MATTER  DIRECTLY
 TO THE ULTIMATE CONSUMER OR RECIPIENT;
   (III) PAPER OF ANY DESCRIPTION, INCLUDING BUT NOT LIMITED TO:
   (1) FLYERS;
   (2) BROCHURES;
   (3) BOOKLETS;
   (4) CATALOGS;
   (5) TELEPHONE DIRECTORIES;

 S. 2508--B                         189
 
   (6) NEWSPAPERS;
   (7) MAGAZINES;
   (8) PAPER FIBER; AND
   (9) PAPER USED FOR WRITING OR ANY OTHER PURPOSE.
   (C)  PLASTICS:  THIS  CLASS INCLUDES PLASTIC PRODUCTS AS DETERMINED BY
 THE DEPARTMENT THAT FREQUENT THE RESIDENTIAL WASTE STREAM OR ARE PLASTIC
 PRODUCTS THAT HAVE THE EFFECT OF  SEVERELY  DISRUPTING  RECYCLING  PROC-
 ESSES,  INCLUDING,  BUT NOT LIMITED TO, SINGLE USE PLASTIC ITEMS SUCH AS
 STRAWS, UTENSILS, CUPS, PLATES, AND PLASTIC BAGS.
   (D) FOR THE PURPOSE OF THIS TITLE, THE  PRODUCTS  COVERED  DESIGNATION
 DOES NOT INCLUDE THE FOLLOWING:
   (I)  COVERED MATERIALS OR PRODUCTS THAT COULD BECOME UNSAFE OR UNSANI-
 TARY TO RECYCLE BY VIRTUE OF THEIR ANTICIPATED USE;
   (II) LITERARY, TEXT, AND REFERENCE BOUND BOOKS;
   (III) BEVERAGE CONTAINERS AS DEFINED IN SECTION 27-1003 OF THIS  ARTI-
 CLE ON WHICH A DEPOSIT IS REQUIRED TO BE INITIATED;
   (IV)  ARCHITECTURAL PAINT CONTAINERS COLLECTED AND MANAGED PURSUANT TO
 TITLE TWENTY OF THIS ARTICLE;
   (V) MEDICAL DEVICES AND COVERED MATERIALS AND PRODUCTS REGULATED AS  A
 DRUG,  MEDICAL  DEVICE  OR  DIETARY SUPPLEMENT BY THE U.S. FOOD AND DRUG
 ADMINISTRATION UNDER THE FEDERAL FOOD, DRUG, AND COSMETIC ACT, 21 U.S.C.
 321 ET SEQ., SEC. 3.2(E) OF 21 U.S. CODE OF FEDERAL REGULATIONS  OR  THE
 DIETARY SUPPLEMENT HEALTH AND EDUCATION ACT;
   (VI)  COVERED  MATERIALS USED TO CONTAIN TOXIC OR HAZARDOUS MATERIALS,
 OR REGULATED BY THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT,
 7 U.S.C. SEC.136 ET SEQ. OR OTHER APPLICABLE FEDERAL LAW, RULE OR  REGU-
 LATION.
   2. "CURBSIDE RECYCLING" MEANS A RECYCLING PROGRAM THAT SERVES RESIDEN-
 TIAL  UNITS,  OR SCHOOLS, STATE OR LOCAL AGENCIES, OR INSTITUTIONS WHERE
 SUCH SCHOOLS, STATE OR LOCAL AGENCIES, OR INSTITUTIONS WERE SERVED BY  A
 MUNICIPALITY OR A PRIVATE SECTOR HAULER AS OF THE EFFECTIVE DATE OF THIS
 TITLE,  AND  SUCH  RECYCLING  PROGRAM  IS  OPERATED BY A MUNICIPALITY OR
 PURSUANT TO A CONTRACT WITH THE MUNICIPALITY, PRIVATE SECTOR HAULER,  OR
 OTHER  PUBLIC  AGENCY  OR  THROUGH APPROVED LOCAL SOLID WASTE MANAGEMENT
 PLANS.
   3. "POST-CONSUMER MATERIAL" MEANS ONLY THOSE COVERED PRODUCTS OR MATE-
 RIALS GENERATED BY A  BUSINESS  OR  CONSUMER  WHICH  HAVE  SERVED  THEIR
 INTENDED  END  USE  AS  CONSUMER  ITEMS AND WHICH HAVE BEEN SEPARATED OR
 DIVERTED FROM THE WASTE STREAM FOR THE PURPOSES OF COLLECTION AND  RECY-
 CLING  AS  A  SECONDARY  MATERIAL FEEDSTOCK, BUT SHALL NOT INCLUDE WASTE
 MATERIAL GENERATED DURING OR AFTER THE COMPLETION OF A MANUFACTURING  OR
 CONVERTING PROCESS.
   4.  "POST-CONSUMER  RECYCLED  CONTENT"  MEANS THE CONTENT OF A PRODUCT
 MADE FROM POST-CONSUMER RECYCLED MATERIALS OR FEEDSTOCK.
   5. "PRODUCER" MEANS, IN DESCENDING ORDER  OF  PRIORITY  FOR  ASSIGNING
 RESPONSIBILITY  TO  MEET  THE REQUIREMENTS OF THIS TITLE: (A) THE PERSON
 WHO MANUFACTURES THE COVERED MATERIAL OR PRODUCT UNDER SUCH PERSON'S OWN
 NAME OR BRAND AND WHO SELLS OR OFFERS FOR SALE THE COVERED  MATERIAL  OR
 PRODUCT IN THE STATE;
   (B)  IF  PARAGRAPH (A) OF THIS SUBDIVISION DOES NOT APPLY, THE  PERSON
 OR COMPANY WHO IMPORTS THE COVERED MATERIAL OR PRODUCT AS THE  OWNER  OR
 LICENSEE  OF  A  TRADEMARK  OR BRAND UNDER WHICH THE COVERED MATERIAL OR
 PRODUCT IS SOLD OR DISTRIBUTED IN THE STATE;
   (C) IF PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION DO  NOT  APPLY,  THE
 PERSON  OR  COMPANY  THAT  OFFERS  FOR  SALE,  SELLS, OR DISTRIBUTES THE
 COVERED MATERIAL OR PRODUCT IN THE STATE.

 S. 2508--B                         190
 
   A PRODUCER SHALL NOT INCLUDE A  MUNICIPALITY  OR  A  LOCAL  GOVERNMENT
 PLANNING  UNIT,  OR  A  REGISTERED  501(C)(3) CHARITABLE ORGANIZATION OR
 501(C)(4) SOCIAL WELFARE ORGANIZATION.
   6.  "PRODUCER  RESPONSIBILITY  ORGANIZATION"  MEANS  A  NOT-FOR-PROFIT
 ORGANIZATION DESIGNATED BY A GROUP OF PRODUCERS TO ACT AS  AN  AGENT  ON
 BEHALF OF EACH PRODUCER TO DEVELOP AND IMPLEMENT A PRODUCER RESPONSIBIL-
 ITY  PLAN,  OR  A  REGISTERED  501(C)(3) CHARITABLE ORGANIZATION. TO THE
 EXTENT APPLICABLE, A PRODUCER RESPONSIBILITY ORGANIZATION SHALL  HAVE  A
 GOVERNING  BOARD  THAT  REPRESENTS  THE  DIVERSITY  OF PRODUCERS AND THE
 COVERED MATERIALS AND PRODUCT TYPES AND SUCH BOARD  SHALL  INCLUDE  NON-
 VOTING MEMBERS REPRESENTING A DIVERSITY OF MATERIAL TRADE ASSOCIATIONS.
   7.  "READILY-RECYCLABLE"  MEANS COVERED MATERIALS OR PRODUCTS INCLUDED
 IN THE MINIMUM RECYCLABLES LIST PURSUANT TO  SUBDIVISION  5  OF  SECTION
 27-3313  OF  THIS TITLE.   READILY-RECYCLABLE DOES NOT INCLUDE MATERIALS
 THAT CONTAIN TOXIC SUBSTANCES, AS DEFINED IN THIS TITLE.
   8. "RECOVERY" MEANS THE DIVERSION OF  COVERED  MATERIALS  OR  PRODUCTS
 THAT MIGHT BE DISPOSED OF OR BECOME WASTE.
   9.  "RECOVERY  RATE" MEANS THE AMOUNT OF COVERED MATERIALS OR PRODUCTS
 RECOVERED OVER A PROGRAM YEAR DIVIDED BY THE AMOUNT OF PRODUCT PRODUCED,
 EXPRESSED AS A PERCENTAGE.
   10. "RECYCLING" MEANS REPROCESSING, BY MEANS OF A MANUFACTURING  PROC-
 ESS,  OF A USED MATERIAL INTO A PRODUCT, A COMPONENT INCORPORATED INTO A
 PRODUCT, OR  A  SECONDARY  (RECYCLED)  RAW  MATERIAL.  "RECYCLING",  FOR
 PURPOSES  OF  THIS  TITLE,  DOES  NOT  INCLUDE ENERGY RECOVERY OR ENERGY
 GENERATION BY MEANS OF COMBUSTION, USE AS A FUEL, OR  LANDFILL  DISPOSAL
 OF  DISCARDED  COVERED MATERIALS OR PRODUCTS OR DISCARDED PRODUCT COMPO-
 NENT MATERIALS OR CHEMICAL CONVERSION PROCESSES, AS  DETERMINED  BY  THE
 DEPARTMENT.
   11. "RECYCLING RATE" MEANS THE PERCENTAGE OF DISCARDED COVERED MATERI-
 ALS  OR  PRODUCTS THAT IS MANAGED THROUGH RECYCLING OR REUSE, AS DEFINED
 BY THIS TITLE, AND IS COMPUTED  BY  DIVIDING  THE  AMOUNT  OF  DISCARDED
 COVERED  PRODUCTS  RECYCLED  OR  REUSED BY THE TOTAL AMOUNT OF DISCARDED
 COVERED PRODUCTS COLLECTED OVER A PROGRAM YEAR.
   12. "REUSE" MEANS SELLING A DISCARDED COVERED PRODUCT  BACK  INTO  THE
 MARKET FOR ITS ORIGINAL INTENDED USE, WHEN THE DISCARDED COVERED PRODUCT
 RETAINS ITS ORIGINAL PERFORMANCE CHARACTERISTICS AND CAN BE USED FOR ITS
 ORIGINAL  PURPOSE  OR COVERED MATERIALS OR PRODUCTS THAT ARE INTENDED TO
 BE REFILLED FOR THE SAME OR SIMILAR PURPOSE BY THE PRODUCER.
   13. "RETAILER" MEANS A PERSON WHO SELLS OR OFFERS FOR SALE  A  PRODUCT
 TO  A  CONSUMER, INCLUDING SALES MADE THROUGH AN INTERNET TRANSACTION TO
 BE DELIVERED TO A CONSUMER IN THE STATE.
    14. "TOXIC SUBSTANCE" MEANS A CHEMICAL OR CHEMICAL CLASS  OF  CONCERN
 IDENTIFIED BY A STATE AGENCY, FEDERAL AGENCY, INTERNATIONAL INTERGOVERN-
 MENTAL  AGENCY,  ACCREDITED  RESEARCH  UNIVERSITY,  OR  OTHER SCIENTIFIC
 EVIDENCE. THE DEPARTMENT  MAY  REFERENCE  EXISTING  TOXIC  OR  HAZARDOUS
 SUBSTANCES  LISTS  IT  CREATES OR THOSE CREATED BY OTHER STATE AGENCIES,
 THE INTERSTATE CHEMICALS CLEARINGHOUSE, OR CHEMICALS CLASSIFIED  BY  THE
 EUROPEAN  UNION  AS  CARCINOGENS,  MUTAGENS,  OR  REPRODUCTIVE TOXICANTS
 PURSUANT TO CATEGORY 1A OR 1B IN ANNEX VI TO REGULATION  (EC)  1272/2008
 IN THE PROMULGATION OF A TOXIC SUBSTANCE LIST.
 § 27-3303. PRODUCER RESPONSIBILITY ADVISORY BOARD.
   1.  THERE  IS  HEREBY  ESTABLISHED  WITHIN  THE  DEPARTMENT A PRODUCER
 RESPONSIBILITY  ADVISORY  BOARD,  HEREINAFTER  THE  ADVISORY  BOARD,  TO
 RECEIVE AND REVIEW THE PRODUCER RESPONSIBILITY PLANS REQUIRED UNDER THIS
 TITLE AND TO MAKE RECOMMENDATIONS TO THE DEPARTMENT REGARDING THE PLAN'S
 APPROVAL.

 S. 2508--B                         191
 
   2.  (A)  THE  ADVISORY  BOARD  SHALL  BE  COMPOSED OF AN ODD NUMBER OF
 MEMBERS AND THE COMMISSIONER SHALL APPOINT AT LEAST ONE MEMBER FROM EACH
 OF THE FOLLOWING: A  MUNICIPALITY  ASSOCIATION  OR  MUNICIPAL  RECYCLING
 PROGRAM,  INCLUDING  AN  ADDITIONAL MUNICIPAL REPRESENTATIVE FROM CITIES
 WITH A POPULATION OF ONE MILLION OR MORE RESIDENTS; A STATEWIDE ENVIRON-
 MENTAL  ORGANIZATION; A REPRESENTATIVE OF ENVIRONMENTAL JUSTICE COMMUNI-
 TIES OR ORGANIZATIONS; A STATEWIDE WASTE DISPOSAL ASSOCIATION; A MATERI-
 ALS RECOVERY FACILITY LOCATED WITHIN THE STATE OF NEW YORK; A  RECYCLING
 COLLECTION  PROVIDER;  A  MANUFACTURER  OF PACKAGING MATERIALS UTILIZING
 POST-CONSUMER  RECYCLED  CONTENT;  A  MANUFACTURER  OF  PAPER  MATERIALS
 UTILIZING  POST-CONSUMER  RECYCLED  CONTENT;  A CONSUMER ADVOCATE; AND A
 RETAILER.
   (B) THE MEMBER REPRESENTING THE PRODUCER  OR  PRODUCER  RESPONSIBILITY
 ORGANIZATION SHALL BE A NON-VOTING MEMBER.
   (C) APPOINTMENTS TO THE ADVISORY BOARD SHALL BE MADE NO LATER THAN SIX
 MONTHS AFTER THE EFFECTIVE DATE OF THIS TITLE.
   3.  THE  ADVISORY BOARD SHALL MEET AT LEAST ONCE A YEAR BY THE CALL OF
 THE CHAIR OR BY REQUEST OF MORE THAN HALF THE VOTING MEMBERS.
   4. (A) EACH PRODUCER RESPONSIBILITY PLAN PREPARED  BY  A  PRODUCER  OR
 PRODUCER  RESPONSIBILITY  ORGANIZATION  PURSUANT  TO THIS TITLE SHALL BE
 SUBMITTED TO THE ADVISORY BOARD, WHICH SHALL CONSIDER WHETHER  THE  PLAN
 MEETS THE CRITERIA AND OBJECTIVES OF THIS TITLE.
   (B)  THE ADVISORY BOARD SHALL, WITHIN NINETY DAYS OF THE SUBMISSION OF
 THE PRODUCER RESPONSIBILITY PLAN, EITHER:  (I) FORWARD THE PLAN  TO  THE
 COMMISSIONER  WITH ITS RECOMMENDATION FOR APPROVAL; OR  (II) FORWARD THE
 PLAN TO THE COMMISSIONER WITH ITS DISAPPROVAL AND STATED REASONS  THERE-
 FOR,  INCLUDING  ANY  RECOMMENDED  CHANGES  TO  THE  PLAN  NECESSARY FOR
 APPROVAL.
   (C) A PRODUCER RESPONSIBILITY ORGANIZATION  MAY  RESUBMIT  A  PRODUCER
 RESPONSIBILITY  PLAN  FOR  APPROVAL AT ANY TIME. UPON SUCH RESUBMISSION,
 THE ADVISORY BOARD SHALL, WITHIN NINETY DAYS, FORWARD THE  PLAN  TO  THE
 COMMISSIONER WITH ITS RECOMMENDATION FOR APPROVAL OR DISAPPROVAL.
   5.  THE  ADVISORY  BOARD SHALL REVIEW THE SUBMITTED ANNUAL REPORTS AND
 MAKE SUCH RECOMMENDATIONS TO THE DEPARTMENT AND THE  PRODUCER  RESPONSI-
 BILITY ORGANIZATION FOR IMPROVING THE PLAN.
   6. THE DECISIONS OF THE ADVISORY BOARD SHALL BE BY VOTE OF THE MAJORI-
 TY OF ITS MEMBERSHIP.
 § 27-3305. PRODUCER RESPONSIBILITIES.
   1.  WITHIN  FOUR  YEARS  AFTER  THE  EFFECTIVE  DATE OF THIS TITLE, NO
 PRODUCER SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE COVERED MATERIALS  OR
 PRODUCTS  FOR USE IN NEW YORK UNLESS THE PRODUCER, OR A PRODUCER RESPON-
 SIBILITY ORGANIZATION ACTING AS THEIR DESIGNATED AGENT, HAS  A  PRODUCER
 RESPONSIBILITY  PLAN APPROVED BY THE DEPARTMENT, UPON THE RECOMMENDATION
 OF THE ADVISORY BOARD. PRODUCERS MAY SATISFY  PARTICIPATION  OBLIGATIONS
 INDIVIDUALLY  OR  JOINTLY  WITH  OTHER  PRODUCERS  OR THROUGH A PRODUCER
 RESPONSIBILITY ORGANIZATION.
   2. PRODUCERS OR A  PRODUCER  RESPONSIBILITY  ORGANIZATION  SHALL  MEET
 JOINTLY WITH THE ADVISORY BOARD AT LEAST ANNUALLY.
   3.  THE  PRODUCER,  OR A PRODUCER RESPONSIBILITY ORGANIZATION SHALL BE
 RESPONSIBLE FOR PRODUCERS' COMPLIANCE  WITH  THE  REQUIREMENTS  OF  THIS
 TITLE,  INCLUDING  THE  PREPARATION  AND  IMPLEMENTATION  OF  A PRODUCER
 RESPONSIBILITY PLAN, THE PREPARATION AND SUBMISSION  OF  ANNUAL  AUDITS,
 AND THE ANNUAL REPORTS TO THE DEPARTMENT.
   4. WITHIN THE FIRST FOUR YEARS AFTER THE DEPARTMENT APPROVES A PRODUC-
 ER  RESPONSIBILITY  PLAN,  PRODUCERS  SHALL BE REQUIRED TO REPORT, ON AN
 ANNUAL BASIS, PROGRESS REPORTS DESCRIBING  IN  DETAIL  PROGRESS  TOWARDS

 S. 2508--B                         192

 MEETING OR EXCEEDING THE RECOVERY, RECYCLING, AND POST-CONSUMER RECYCLED
 CONTENT RATES BY MATERIAL TYPE. SUCH PROGRESS REPORTS SHALL ALSO INCLUDE
 AN  EVALUATION OF WHETHER THEY ARE ON TARGET TO MEET THE APPROVED RECOV-
 ERY,  RECYCLING,  AND  POST-CONSUMER  RECYCLED CONTENT RATES BY MATERIAL
 TYPE. IF A PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION  IS  NOT  ON
 TARGET  TO MEET THE REQUIRED RATES, THE DEPARTMENT, IN CONSULTATION WITH
 THE ADVISORY BOARD, SHALL EITHER REQUIRE AN APPROVED PRODUCER  RESPONSI-
 BILITY  PLAN  TO  BE  AMENDED OR REQUIRE THE PRODUCER TO IMPLEMENT ADDI-
 TIONAL MEASURES.  WITHIN FIVE YEARS AFTER THE  DEPARTMENT  APPROVES  THE
 PRODUCER  RESPONSIBILITY  PLAN,  PRODUCERS SHALL BE REQUIRED TO MEET THE
 MINIMUM RECOVERY, RECYCLING AND POST-CONSUMER RECYCLED MATERIAL  CONTENT
 RATE  FOR A COVERED MATERIAL OR PRODUCT AS APPROVED BY THE DEPARTMENT IN
 THE PRODUCER RESPONSIBILITY PLAN OR FACE PENALTIES PURSUANT  TO  SECTION
 27-3321 OF THIS TITLE.
   5.  A  PRODUCER SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS TITLE IF
 THE PRODUCER:
   (A) GENERATES LESS THAN ONE MILLION DOLLARS IN ANNUAL REVENUES;
   (B) GENERATES LESS THAN ONE  TON  OF  COVERED  MATERIALS  OR  PRODUCTS
 SUPPLIED TO NEW YORK STATE RESIDENTS PER YEAR; OR
   (C)  OPERATES  AS A SINGLE POINT OF RETAIL SALE AND IS NOT SUPPLIED OR
 OPERATED AS PART OF A FRANCHISE.
   6. RETAILERS THAT ARE NOT PRODUCERS ARE EXEMPT FROM  THE  REQUIREMENTS
 OF THIS TITLE.
   7.  PRODUCERS MAY COMPLY INDIVIDUALLY OR MAY FORM A PRODUCER RESPONSI-
 BILITY ORGANIZATION AND DISCHARGE THEIR RESPONSIBILITIES TO SUCH  ORGAN-
 IZATION.
   8.  THE  DEPARTMENT  SHALL  ESTABLISH  REGULATIONS  TO ALLOW VOLUNTARY
 AGREEMENTS TO BE MADE BETWEEN RESPONSIBLE PARTIES TO PERMIT A  RESPONSI-
 BLE  PARTY TO CONVEY A DIFFERENT ORDER OF RESPONSIBILITY THAN DEFINED IN
 SUBDIVISION 4 OF SECTION 27-3301 OF THIS TITLE AS LONG AS  BOTH  PARTIES
 AGREE TO THE CHANGE IN THE HIERARCHY OF RESPONSIBILITY.
 § 27-3307. FUNDING MECHANISM.
   1.  A PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION ACTING AS THEIR
 AGENT  SHALL  ESTABLISH  PROGRAM  PARTICIPATION  CHARGES  FOR  PRODUCERS
 THROUGH  THE PRODUCER RESPONSIBILITY PLAN PURSUANT TO SECTION 27-3309 OF
 THIS TITLE WHICH SHALL BE SUFFICIENT TO ENSURE THE  OBLIGATIONS  OF  THE
 STATEWIDE NEEDS ASSESSMENT AND THE PRODUCER RESPONSIBILITY PLAN ARE MET.
 PROVIDED,  HOWEVER,  THAT COVERED MATERIALS IN THE NEWSPAPER OR MAGAZINE
 CLASS MAY SATISFY THEIR OBLIGATIONS HEREUNDER BY PROVIDING ADVERTISEMENT
 OR PUBLICATION IN THEIR NEWSPAPERS, MAGAZINES, AND/OR ON THEIR  WEBSITES
 IN  LIEU  OF  PROGRAM  PARTICIPATION CHARGES SO LONG AS THE VALUE OF THE
 ADVERTISEMENT IS EQUIVALENT TO THE FINANCIAL OBLIGATIONS REQUIRED  UNDER
 AN APPROVED PRODUCER RESPONSIBILITY PLAN.
   2.  A  PRODUCER  RESPONSIBILITY  ORGANIZATION  SHALL STRUCTURE PROGRAM
 CHARGES TO PROVIDE PRODUCERS WITH FINANCIAL INCENTIVES, TO REWARD  WASTE
 AND  SOURCE  REDUCTION AND RECYCLING COMPATIBILITY INNOVATIONS AND PRAC-
 TICES, AND TO DISINCENTIVIZE DESIGNS OR PRACTICES THAT INCREASE COSTS OF
 MANAGING THE PRODUCTS OR WHICH CONTAIN TOXIC  SUBSTANCES.  THE  PRODUCER
 RESPONSIBILITY ORGANIZATION MAY ADJUST CHARGES TO BE PAID BY PARTICIPAT-
 ING  PRODUCERS  BASED ON FACTORS THAT AFFECT SYSTEM COSTS. AT A MINIMUM,
 CHARGES SHALL BE VARIABLE BASED ON:
   (A) COSTS TO PROVIDE CURBSIDE COLLECTION OR OTHER LEVEL OF RESIDENTIAL
 SERVICE THAT IS, AT MINIMUM, AS CONVENIENT AS CURBSIDE COLLECTION OR  AS
 CONVENIENT  AS  THE PREVIOUS RECYCLING COLLECTION PLAN IN THE PARTICULAR
 JURISDICTION OR AS CONVENIENT AS THE PREVIOUS REFUSE COLLECTION PLAN  IN
 THE PARTICULAR JURISDICTION SHOULD RECYCLING COLLECTION NOT BE PROVIDED;

 S. 2508--B                         193
 
   (B)  COSTS  TO  PROCESS A PRODUCER'S COVERED MATERIALS OR PRODUCTS FOR
 ACCEPTANCE BY SECONDARY MATERIAL MARKETS;
   (C)  WHETHER THE COVERED MATERIAL OR PRODUCT WOULD TYPICALLY BE READI-
 LY-RECYCLABLE EXCEPT THAT AS A CONSEQUENCE OF THE PRODUCT'S DESIGN,  THE
 PRODUCT  HAS THE EFFECT OF DISRUPTING RECYCLING PROCESSES OR THE PRODUCT
 INCLUDES LABELS, INKS, AND ADHESIVES CONTAINING HEAVY  METALS  OR  OTHER
 TOXIC  SUBSTANCES AS DEFINED BY THE DEPARTMENT IN REGULATIONS THAT WOULD
 CONTAMINATE THE RECYCLING PROCESS;
   (D) WHETHER THE COVERED MATERIALS OR PRODUCT IS SPECIFICALLY  DESIGNED
 TO BE REUSABLE OR REFILLABLE AND HAS HIGH REUSE OR REFILL RATE;
   (E) THE COMMODITY VALUE OF A COVERED MATERIAL OR PRODUCT.
   3.  THE  CHARGES SHALL BE ADJUSTED, OR THE PRODUCERS MAY BE PROVIDED A
 CREDIT, BASED UPON THE PERCENTAGE  OF  POST-CONSUMER  RECYCLED  MATERIAL
 CONTENT  AND  SUCH PERCENTAGE OF POST-CONSUMER RECYCLED CONTENT SHALL BE
 VERIFIED BY THE PRODUCER RESPONSIBILITY ORGANIZATION OR THROUGH AN INDE-
 PENDENT THIRD PARTY APPROVED TO PERFORM VERIFICATION SERVICES TO  ENSURE
 THAT  SUCH  PERCENTAGE  EXCEEDS  THE MINIMUM REQUIREMENTS IN THE COVERED
 MATERIAL, AS LONG AS THE RECYCLED CONTENT DOES NOT DISRUPT THE POTENTIAL
 FOR FUTURE RECYCLING.
   4. IN ADDITION TO THE ANNUAL SCHEDULE OF FEES APPROVED IN THE PRODUCER
 RESPONSIBILITY PLAN, THE PRODUCER RESPONSIBILITY ORGANIZATION FEE SCHED-
 ULE MAY INCLUDE A SPECIAL ASSESSMENT ON SPECIFIC CATEGORIES  OF  COVERED
 MATERIALS  OR PRODUCTS AT THE REQUEST OF RESPONSIBLE ENTITIES REPRESENT-
 ING AND APPROVED BY THE ADVISORY BOARD IF  THE  NATURE  OF  THE  COVERED
 MATERIAL OR PRODUCT IMPOSES UNUSUAL COSTS IN COLLECTION OR PROCESSING OR
 REQUIRES  SPECIAL  ACTIONS  TO  ADDRESS EFFECTIVE ACCESS TO RECYCLING OR
 SUCCESSFUL PROCESSING IN MUNICIPAL  RECYCLING  FACILITIES.  THE  REVENUE
 FROM  THE  SPECIAL  ASSESSMENT SHALL BE USED TO MAKE SYSTEM IMPROVEMENTS
 FOR THE SPECIFIC COVERED MATERIALS OR  PRODUCTS  ON  WHICH  THE  SPECIAL
 ASSESSMENT WAS APPLIED.
   5.  A  PRODUCER  RESPONSIBILITY  ORGANIZATION SHALL BE RESPONSIBLE FOR
 CALCULATING AND DISPERSING FUNDING AT  A  REASONABLE  RECYCLING  PROGRAM
 FUNDING  RATE,  AS  APPROVED BY THE DEPARTMENT, AND SUCH REASONABLE RATE
 MAY BE VARIED BASED ON POPULATION DENSITY RATES, FOR MUNICIPAL  SERVICES
 UTILIZED  BY  A PRODUCER RESPONSIBILITY ORGANIZATION IF THE MUNICIPALITY
 ELECTS TO BE COMPENSATED BY THE PRODUCER RESPONSIBILITY ORGANIZATION  IN
 THE  RECOVERY,  RECYCLING,  AND  PROCESSING  OF  COVERED  MATERIALS  AND
 PRODUCTS, WHETHER SUCH SERVICES ARE PROVIDED  DIRECTLY  BY  THE  MUNICI-
 PALITY OR THROUGH A CONTRACTED SERVICE PROVIDER.  IF A MUNICIPALITY DOES
 NOT  ELECT  TO PROVIDE SERVICE, THE PRODUCER RESPONSIBILITY ORGANIZATION
 SHALL BE RESPONSIBLE FOR CONTRACTING WITH A PRIVATE ENTITY FOR  SERVICES
 AND  SHALL  BE  RESPONSIBLE  FOR CALCULATING AND DISBURSING FUNDING AT A
 REASONABLE RECYCLING PROGRAM RATE FOR COLLECTION,  RECYCLING,  RECOVERY,
 AND PROCESSING SERVICES PROVIDED BY THE PRIVATE SECTOR ENTITY CONTRACTED
 TO  PROVIDE SUCH SERVICES.  THE PROGRAM FUNDING MECHANISM SHALL BE BASED
 ON THE COST OF RESIDENTIAL CURBSIDE COLLECTION, INCLUDING  THE  COST  OF
 CURBSIDE  CONTAINERS WHERE RELEVANT, AS WELL AS PROCESSING COST FOR EACH
 READILY-RECYCLABLE MATERIAL, COST  OF  HANDLING  NON-READILY  RECYCLABLE
 MATERIAL  TYPES  COLLECTED AS PART OF A RECYCLING OPERATION, TRANSPORTA-
 TION COST OF RECYCLING FOR  EACH  MATERIAL  TYPE,  AND  ANY  OTHER  COST
 FACTORS  AS  DETERMINED  BY  THE  DEPARTMENT. TO FACILITATE THE PRODUCER
 RESPONSIBILITY ORGANIZATION'S DETERMINATION OF THE  COST  OF  RECYCLING,
 PARTICIPATING MUNICIPALITIES AND PRIVATE SECTOR HAULERS CONTRACTING WITH
 PRODUCER RESPONSIBILITY ORGANIZATIONS SHALL REPORT DATA RELATED TO THEIR
 COSTS  AND  THE VALUE OF MATERIALS TO THE PRODUCER RESPONSIBILITY ORGAN-

 S. 2508--B                         194
 
 IZATION.  COST CALCULATIONS SHALL TAKE INTO CONSIDERATION REVENUE GENER-
 ATED FROM RECYCLABLE MATERIALS.
   6.  ANY  FUNDS  DIRECTLY COLLECTED PURSUANT TO THIS TITLE SHALL NOT BE
 USED TO CARRY OUT LOBBYING ACTIVITIES ON BEHALF OF THE PRODUCER  RESPON-
 SIBILITY ORGANIZATION.
   7. NO RETAILER MAY CHARGE A POINT-OF-SALE OR OTHER FEE TO CONSUMERS TO
 FACILITATE  A  PRODUCER  TO RECOUP THE COSTS ASSOCIATED WITH MEETING THE
 OBLIGATIONS UNDER THIS TITLE.
   8. NOTHING IN THIS TITLE SHALL REQUIRE A MUNICIPALITY  TO  PARTICIPATE
 IN A PRODUCER RESPONSIBILITY PROGRAM.
   9.  THE  DEPARTMENT SHALL MAKE SUCH RULES AND REGULATIONS WHICH MAY BE
 NECESSARY FOR A PRODUCER  RESPONSIBILITY  ORGANIZATION  TO  DEVELOP  AND
 MANAGE A FUNDING MECHANISM.
 § 27-3309. PRODUCER RESPONSIBILITY PLAN AND NEEDS ASSESSMENT.
   1.  A  STATEWIDE  NEEDS  ASSESSMENT  SHALL  BE  CONDUCTED PRIOR TO THE
 APPROVAL OF A PRODUCER RESPONSIBILITY PLAN. THE  STATEWIDE NEEDS ASSESS-
 MENT SHALL BE FUNDED BY THE PRODUCERS OR PRODUCER RESPONSIBILITY  ORGAN-
 IZATION,  AND  SHALL BE CONDUCTED BY AN INDEPENDENT THIRD PARTY APPROVED
 BY THE DEPARTMENT AND SHALL  INCLUDE  AN  EVALUATION  OF  THE  CAPACITY,
 COSTS, GAPS, AND NEEDS FOR THE FOLLOWING FACTORS:
   (A) CURRENT FUNDING NEEDS IMPACTING RECYCLING ACCESS AND AVAILABILITY;
   (B)  EXISTING STATE STATUTORY PROVISIONS AND FUNDING SOURCES FOR RECY-
 CLING, REUSE, REDUCTION, AND RECOVERY;
   (C) THE COLLECTION AND HAULING SYSTEM FOR RECYCLABLE MATERIALS IN  THE
 STATE;
   (D)  THE PROCESSING CAPACITY AND INFRASTRUCTURE FOR RECYCLABLE MATERI-
 ALS IN THE  STATE  AND  REGIONALLY  AND  IDENTIFYING  NECESSARY  CAPITAL
 INVESTMENTS TO EXISTING AND FUTURE REUSE AND RECYCLING INFRASTRUCTURE;
   (E)  THE  MARKET CONDITIONS AND OPPORTUNITIES FOR RECYCLABLE MATERIALS
 IN THE STATE AND REGIONALLY;
   (F) CONSUMER EDUCATION NEEDS FOR RECYCLING, REUSE,  AND  REDUCTION  OF
 COVERED MATERIALS AND PRODUCTS.
   2.  PRODUCERS,  OR  A  PRODUCER  RESPONSIBILITY ORGANIZATION ACTING AS
 THEIR DESIGNATED AGENT, SHALL DEVELOP AND SUBMIT A PRODUCER RESPONSIBIL-
 ITY PLAN TO THE ADVISORY BOARD. SUCH PLAN SHALL  COVER  FIVE  YEARS  AND
 SHALL  BE  REVIEWED  BY  THE ADVISORY BOARD AND UPDATED EVERY FIVE YEARS
 FOLLOWING THE APPROVAL OF THE ORIGINAL PLAN. THE DEPARTMENT  SHALL  HAVE
 THE  DISCRETION  TO  REQUIRE THE PLAN TO BE REVIEWED OR REVISED PRIOR TO
 THE FIVE YEAR PERIOD IF THE DEPARTMENT HAS CAUSE TO BELIEVE THE  MINIMUM
 POST-CONSUMER RECYCLED MATERIAL CONTENT RATES, MINIMUM RECOVERY OR RECY-
 CLING  RATES, OR OTHER FACTORS OF THE PLAN ARE NOT BEING MET OR FOLLOWED
 BY THE PRODUCER, OR PRODUCER RESPONSIBILITY ORGANIZATION,  OR  IF  THERE
 HAS  BEEN  A CHANGE IN CIRCUMSTANCES THAT WARRANTS REVISION OF THE PLAN.
 THE ADVISORY BOARD SHALL ALSO HAVE THE DISCRETION TO RECOMMEND  REVISION
 OF THE PLAN TO THE DEPARTMENT. THE SUBMITTED PLAN SHALL INCLUDE, BUT NOT
 BE LIMITED TO:
   (A)  CONTACT  INFORMATION  OF THE PRODUCER RESPONSIBILITY ORGANIZATION
 AND THE PRODUCER OR PRODUCERS COVERED UNDER THE PLAN;
   (B) A DESCRIPTION OF HOW COMMENTS OF STAKEHOLDERS WERE CONSIDERED AND,
 IF APPLICABLE, ADDRESSED IN THE DEVELOPMENT OF THE PLAN;
   (C) A COMPREHENSIVE LIST OF THE  COVERED  MATERIALS  OR  PRODUCTS  FOR
 WHICH  THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION IS RESPONSI-
 BLE FOR, WHICH SHALL BE INCLUDED IN THE MINIMUM RECYCLABLE LISTS  PURSU-
 ANT TO SECTION 27-3313 OF THIS TITLE;
   (D)  A  FUNDING MECHANISM THAT ALLOCATES THE COSTS TO THE PRODUCERS TO
 MEET THE REQUIREMENTS OF THIS TITLE AND IS SUFFICIENT TO COVER THE  COST

 S. 2508--B                         195
 
 OF  REGISTERING,  OPERATING  AND  UPDATING  THE  PLAN, AND MAINTAINING A
 FINANCIAL RESERVE SUFFICIENT  TO  OPERATE  THE  PROGRAM  IN  A  FISCALLY
 PRUDENT AND RESPONSIBLE MANNER;
   (E)  A  STRATEGIC  CAPITAL INVESTMENT PLAN AND A MECHANISM TO DISPERSE
 FUNDS FOR EXISTING AND FUTURE INFRASTRUCTURE;
   (F) A DESCRIPTION OF THE PROCESS FOR PARTICIPATING  MUNICIPALITIES  TO
 RECOUP REASONABLE COSTS, BOTH OPERATIONAL AND CAPITAL, FROM THE PRODUCER
 OR  PRODUCER  RESPONSIBILITY ORGANIZATION, INCLUDING, AS APPLICABLE, ANY
 ADMINISTRATIVE, SORTING, COLLECTION, TRANSPORTATION,  PUBLIC  EDUCATION,
 OR  PROCESSING  COSTS,  IF THE PRODUCER RESPONSIBILITY ORGANIZATION USES
 EXISTING SERVICES THROUGH A MUNICIPALITY OR OBTAINS SUCH SERVICES FROM A
 PRIVATE SECTOR HAULER;
   (G) A DETAILED DESCRIPTION OF HOW THE PRODUCER OR THE PRODUCER RESPON-
 SIBILITY ORGANIZATION, CONSULTED WITH THE ADVISORY BOARD IN THE DEVELOP-
 MENT OF THE PLAN PRIOR TO ITS SUBMISSION TO THE DEPARTMENT, AND TO  WHAT
 EXTENT THE PRODUCERS OR THE PRODUCER RESPONSIBILITY ORGANIZATION SPECIF-
 ICALLY INCORPORATED THE ADVISORY BOARD'S INPUT INTO THE PLAN.  PRODUCERS
 OR THE PRODUCER RESPONSIBILITY ORGANIZATION SHALL ALSO PROVIDE THE ADVI-
 SORY  BOARD  AN  OPPORTUNITY  TO  REVIEW AND COMMENT UPON THE DRAFT PLAN
 PRIOR TO ITS SUBMISSION TO THE DEPARTMENT.  PRODUCERS  OR  THE  PRODUCER
 RESPONSIBILITY   ORGANIZATION  SHALL  MAKE  AN  ASSESSMENT  OF  COMMENTS
 RECEIVED AND SHALL PROVIDE A SUMMARY  AND  AN  ANALYSIS  OF  THE  ISSUES
 RAISED  BY  THE  ADVISORY BOARD AND SIGNIFICANT CHANGES SUGGESTED BY ANY
 SUCH COMMENTS, A STATEMENT OF THE REASONS WHY  ANY  SIGNIFICANT  CHANGES
 WERE  NOT  INCORPORATED  INTO THE PLAN, AND A DESCRIPTION OF ANY CHANGES
 MADE TO THE PLAN AS A RESULT OF SUCH COMMENTS;
   (H) A PROPOSED MINIMUM POST-CONSUMER RECYCLED  MATERIAL  CONTENT  RATE
 REQUIREMENT,  MINIMUM  RECOVERY,  AND MINIMUM RECYCLING RATE FOR COVERED
 MATERIALS AND PRODUCTS. THE MINIMUM  RATES  SHALL  BE  VARIED  FOR  EACH
 COVERED  RECYCLED  MATERIAL  AND  SHALL  INCLUDE  PAPER PRODUCTS, GLASS,
 METAL, AND PLASTIC;
   (I) A DESCRIPTION OF A PUBLIC EDUCATION PROGRAM  PURSUANT  TO  SECTION
 27-3313 OF THIS TITLE;
   (J)  HOW  THE  PRODUCERS, OR THE PRODUCER RESPONSIBILITY ORGANIZATION,
 WILL WORK WITH EXISTING WASTE  HAULERS,  MATERIAL  RECOVERY  FACILITIES,
 RECYCLERS,  AND  MUNICIPALITIES  TO OPERATE OR EXPAND CURRENT COLLECTION
 PROGRAMS TO ADDRESS MATERIAL COLLECTION METHODS;
   (K) A DESCRIPTION OF HOW  PRODUCERS  OR  THE  PRODUCER  RESPONSIBILITY
 ORGANIZATION  WILL USE OPEN, COMPETITIVE, AND FAIR PROCUREMENT PRACTICES
 SHOULD THEY DIRECTLY ENTER  INTO  CONTRACTUAL  AGREEMENTS  WITH  SERVICE
 PROVIDERS, INCLUDING MUNICIPALITIES AND PRIVATE ENTITIES;
   (L)  A DESCRIPTION OF HOW A MUNICIPALITY WILL PARTICIPATE, ON A VOLUN-
 TARY BASIS, WITH COLLECTION AND HOW EXISTING MUNICIPAL  RECYCLING  PROC-
 ESSING AND COLLECTION INFRASTRUCTURE WILL BE USED;
   (M)  A  DESCRIPTION  OF  HOW  THE PRODUCER, OR PRODUCER RESPONSIBILITY
 ORGANIZATION, PLANS TO MEET THE CONVENIENCE REQUIREMENTS  SET  FORTH  IN
 THIS TITLE;
   (N)  A  DESCRIPTION  OF  HOW  THE PRODUCER, OR PRODUCER RESPONSIBILITY
 ORGANIZATION, WILL MEET OR EXCEED THE MINIMUM RATES REQUIRED UNDER  THIS
 TITLE FOR COVERED MATERIALS OR PRODUCT;
   (O) A DESCRIPTION OF THE PROCESS FOR END-OF-LIFE MANAGEMENT, INCLUDING
 RECYCLING AND DISPOSAL OF RESIDUALS COLLECTED FOR RECYCLING, USING ENVI-
 RONMENTALLY SOUND MANAGEMENT PRACTICES;
   (P)  A  DESCRIPTION  OF  HOW  THE PRODUCER RESPONSIBILITY ORGANIZATION
 SHALL PROVIDE THE OPTION TO PURCHASE RECYCLED MATERIALS FROM  PROCESSORS

 S. 2508--B                         196
 
 ON BEHALF OF PRODUCER MEMBERS INTERESTED IN OBTAINING RECYCLED FEEDSTOCK
 IN ORDER TO ACHIEVE POST-CONSUMER RECYCLED CONTENT OBJECTIVES;
   (Q)  A  DESCRIPTION OF HOW A PRODUCER RESPONSIBILITY ORGANIZATION WILL
 WORK WITH PRODUCERS TO REDUCE PACKAGING THROUGH PRODUCT DESIGN,  SYSTEMS
 FOR REUSABLE PACKAGING, AND PROGRAM INNOVATIONS;
   (R)  A  DESCRIPTION OF HOW A PRODUCER RESPONSIBILITY ORGANIZATION WILL
 INVEST IN EXISTING AND FUTURE REUSE  AND  RECYCLING  INFRASTRUCTURE  AND
 MARKET DEVELOPMENT IN THE STATE, INCLUDING, BUT NOT LIMITED TO, INSTALL-
 ING  OR  UPGRADING EQUIPMENT TO IMPROVE SORTING OF COVERED MATERIALS AND
 PRODUCTS OR MITIGATING THE IMPACTS OF COVERED MATERIALS AND PRODUCTS  TO
 OTHER  COMMODITIES  AT  EXISTING  SORTING AND PROCESSING FACILITIES, AND
 CAPITAL EXPENDITURES FOR NEW TECHNOLOGY, EQUIPMENT, AND FACILITIES;
   (S) A PROCESS TO ADDRESS CONCERNS AND  QUESTIONS  FROM  CUSTOMERS  AND
 RESIDENTS; AND
   (T) ANY OTHER INFORMATION AS SPECIFIED BY THE DEPARTMENT THROUGH REGU-
 LATIONS.
   3.  THE  DEPARTMENT  SHALL  PROMULGATE  A REGISTRATION FEE SCHEDULE TO
 COVER ADMINISTRATIVE COSTS, INCLUDING A SCHEDULE FOR  RE-EVALUATING  THE
 FEE  STRUCTURE  ON  AN ANNUAL BASIS AND SHALL CONSIDER IF FEES SHOULD BE
 ADJUSTED TO INCENTIVIZE PERFORMANCE.  SUCH FEES COLLECTED BY THE DEPART-
 MENT SHALL ONLY BE USED FOR THE IMPLEMENTATION, OPERATION, AND  ENFORCE-
 MENT  OF  THIS TITLE, INCLUDING APPROVED COSTS ASSOCIATED WITH THE ADVI-
 SORY PANEL.
 § 27-3311. PRODUCER RESPONSIBILITY PLAN APPROVAL.
   1. BEFORE REJECTION OR APPROVAL OF A PRODUCER RESPONSIBILITY PLAN  CAN
 BE  MADE IN ACCORDANCE WITH THIS TITLE, THE PRODUCER OR PRODUCER RESPON-
 SIBILITY ORGANIZATION SHALL SUBMIT THE PLAN TO THE PRODUCER RESPONSIBIL-
 ITY ADVISORY BOARD.
   2. WITHIN SIXTY DAYS OF THE ADVISORY BOARD MAKING A RECOMMENDATION  TO
 THE DEPARTMENT, THE DEPARTMENT SHALL MAKE A DETERMINATION TO APPROVE THE
 PLAN  AS  SUBMITTED; APPROVE THE PLAN WITH CONDITIONS; OR DENY THE PLAN,
 WITH REASONS FOR THE DENIAL. THE ADVISORY BOARD IN RECOMMENDING, AND THE
 DEPARTMENT IN APPROVING A PLAN, SHALL CONSIDER THE FOLLOWING IN  WHETHER
 TO APPROVE A PLAN:
   (A)  THE  PLAN  ADEQUATELY ADDRESSES ALL ELEMENTS DESCRIBED IN SECTION
 27-3309 OF THIS TITLE WITH SUFFICIENT DETAIL  TO  DEMONSTRATE  THAT  THE
 OBJECTIVE OF THE PLAN WILL BE MET;
   (B)  THE  PRODUCER  HAS  UNDERTAKEN SATISFACTORY CONSULTATION WITH THE
 ADVISORY BOARD, HAS PROVIDED AN OPPORTUNITY  FOR  THE  ADVISORY  BOARD'S
 INPUT  IN  THE  IMPLEMENTATION  AND  OPERATION  OF  THE  PLAN  PRIOR  TO
 SUBMISSION OF THE PLAN, AND HAS THOROUGHLY DESCRIBED HOW THE  THE  ADVI-
 SORY  BOARD'S INPUT WILL BE ADDRESSED  BY AND INCORPORATED INTO THE PLAN
 PURSUANT TO PARAGRAPH (F) OF SUBDIVISION 1 OF SECTION  27-3309  OF  THIS
 TITLE;
   (C)  THE PLAN ADEQUATELY PROVIDES FOR: (I) THE PRODUCER COLLECTING AND
 FUNDING THE COSTS OF COLLECTING AND PROCESSING PRODUCTS COVERED  BY  THE
 PLAN  OR REIMBURSING A MUNICIPALITY; (II) THE FUNDING MECHANISM TO COVER
 THE ENTIRE COST OF THE  PROGRAM;  (III)  CONVENIENT  AND  FREE  CONSUMER
 ACCESS TO COLLECTION FACILITIES OR COLLECTION SERVICES; (IV) A FORMULAIC
 SYSTEM  FOR  EQUITABLE  DISTRIBUTION  OF FUNDS; (V) COMPREHENSIVE PUBLIC
 EDUCATION AND OUTREACH; AND (VI) AN EVALUATION SYSTEM FOR THE FEE STRUC-
 TURE, WHICH SHALL BE EVALUATED  ON  AN  ANNUAL  BASIS  BY  THE  PRODUCER
 RESPONSIBILITY ORGANIZATION AND RE-SUBMITTED TO THE DEPARTMENT ANNUALLY;
   (D) THE PLAN TAKES INTO CONSIDERATION A POST-CONSUMER CONTENT RATE AND
 RECOVERY  AND  RECYCLING  RATES  THAT WILL CREATE OR ENHANCE MARKETS FOR
 RECYCLED MATERIALS, THERE IS A PLAN TO ADJUST THE MINIMUM  RATES  ON  AN

 S. 2508--B                         197
 
 ANNUAL  BASIS,  AND  THE PLAN INCENTIVES WASTE PREVENTION AND REDUCTION.
 SUCH POST-CONSUMER CONTENT RATES, AND SUCH  ADJUSTMENTS  TO  THE  RATES,
 SHALL  TAKE  INTO  CONSIDERATION:    (I)  CHANGES  IN MARKET CONDITIONS,
 INCLUDING  SUPPLY AND DEMAND FOR POST-CONSUMER RECYCLED PLASTICS, RECOV-
 ERY RATES, AND BALE AVAILABILITY BOTH DOMESTICALLY  AND  GLOBALLY;  (II)
 RECYCLING  RATES;  (III) THE AVAILABILITY OF RECYCLED MATERIALS SUITABLE
 TO MEET THE MINIMUM RECYCLED CONTENT GOALS, INCLUDING  THE  AVAILABILITY
 OF  HIGH-QUALITY  RECYCLED MATERIALS, AND FOOD-GRADE RECYCLED MATERIALS;
 (IV) THE CAPACITY OF RECYCLING OR PROCESSING INFRASTRUCTURE; (V)  UTILI-
 ZATION RATES OF THE MATERIAL; AND (VI) THE PROGRESS MADE BY PRODUCERS IN
 MEETING THE POST-CONSUMER RECYCLED TARGETS BY MATERIAL TYPE;
   (E) THE PLAN CREATES A CONVENIENT SYSTEM FOR CONSUMERS TO RECYCLE THAT
 IS, AT MINIMUM, AS CONVENIENT AS CURBSIDE COLLECTION OR AS CONVENIENT AS
 THE PREVIOUS WASTE COLLECTION SCHEMA IN THE PARTICULAR JURISDICTION;
   (F)  THE  PLAN ADEQUATELY CONSIDERS THE STATE'S SOLID WASTE MANAGEMENT
 POLICY SET FORTH IN SECTION 27-0106 OF THIS ARTICLE;
   (G) THE DEPARTMENT MAY ESTABLISH ADDITIONAL PLAN REQUIREMENTS IN ADDI-
 TION TO THOSE IDENTIFIED HEREIN TO FULFILL THE  INTENT  OF  THIS  TITLE;
 PROVIDED, HOWEVER, THAT ANY ADDITIONAL REQUIREMENTS SHALL BE ESTABLISHED
 ONE YEAR PRIOR TO A REQUIRED SUBMISSION OF A PLAN UNLESS SUCH ADDITIONAL
 REQUIREMENTS  ARE  IN RELATION TO THE POWER GRANTED TO THE DEPARTMENT IN
 SUBDIVISION 4 OF SECTION 27-3305 OF THIS TITLE.
   3. NO LATER THAN SIX MONTHS AFTER THE DATE THE PLAN IS  APPROVED,  THE
 PRODUCER,  OR  PRODUCER RESPONSIBILITY ORGANIZATION, SHALL IMPLEMENT THE
 APPROVED PLAN. THE DEPARTMENT MAY RESCIND THE APPROVAL  OF  AN  APPROVED
 PLAN AT ANY TIME WITH CAUSE AND DOCUMENTED JUSTIFICATION.
 § 27-3313. COLLECTION AND CONVENIENCE.
   A  PRODUCER  OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL PROVIDE FOR
 WIDESPREAD, CONVENIENT, AND EQUITABLE ACCESS TO COLLECTION OPPORTUNITIES
 FOR THE COVERED MATERIALS AND PRODUCTS IDENTIFIED UNDER THE PRODUCER  OR
 PRODUCER  RESPONSIBILITY  ORGANIZATION'S  PLAN  AT NO ADDITIONAL COST TO
 RESIDENTS.  SUCH OPPORTUNITIES SHALL BE PROVIDED TO ALL RESIDENTS OF NEW
 YORK IN A MANNER THAT IS AS CONVENIENT AS THE  COLLECTION  OF  MUNICIPAL
 SOLID   WASTE.  A  PRODUCER  RESPONSIBILITY  ORGANIZATION  SHALL  ENSURE
 SERVICES CONTINUE FOR CURBSIDE RECYCLING PROGRAMS  THAT  A  MUNICIPALITY
 SERVES  AS  OF  THE  EFFECTIVE  DATE OF THIS ARTICLE, EITHER DIRECTLY OR
 THROUGH A CONTRACT TO PROVIDE  SERVICES,  AND  THAT  SUCH  SERVICES  ARE
 CONTINUED  THROUGH  THE  PLAN.  A  PRODUCER  RESPONSIBILITY PLAN MAY NOT
 RESTRICT A JURISDICTION'S RESIDENT'S ABILITY TO CONTRACT  DIRECTLY  WITH
 THIRD  PARTIES TO OBTAIN RECYCLING COLLECTION SERVICES IF RESIDENTS HAVE
 THE OPTION TO ENTER INTO SUCH CONTRACTS AS OF THE EFFECTIVE DATE OF THIS
 TITLE, AS LONG AS THE RESIDENT STILL  VOLUNTARILY  CHOOSES  TO  CONTRACT
 DIRECTLY  WITH  THE  THIRD PARTY. A PRODUCER RESPONSIBILITY ORGANIZATION
 MAY RELY ON A RANGE OF MEANS TO COLLECT VARIOUS  CATEGORIES  OF  COVERED
 MATERIALS   OR   PRODUCTS   INCLUDING,  BUT  NOT  LIMITED  TO,  CURBSIDE
 COLLECTION, DEPOT DROP-OFF, AND RETAILER TAKE-BACK SO  LONG  AS  COVERED
 MATERIALS  AND  PRODUCTS  COLLECTION  OPTIONS INCLUDE CURBSIDE RECYCLING
 COLLECTION SERVICES PROVIDED BY MUNICIPAL PROGRAMS, MUNICIPAL CONTRACTED
 PROGRAMS, SOLID WASTE COLLECTION COMPANIES, OR OTHER  APPROVED  ENTITIES
 AS IDENTIFIED BY THE DEPARTMENT IF:
   1.  THE  CATEGORY  OF  COVERED  MATERIALS AND PRODUCTS IS SUITABLE FOR
 RESIDENTIAL CURBSIDE RECYCLING COLLECTION AND CAN BE EFFECTIVELY  SORTED
 BY THE FACILITIES RECEIVING THE CURBSIDE COLLECTED MATERIAL;
   2.  THE  RECYCLING  FACILITY  PROVIDING PROCESSING AND SORTING SERVICE
 AGREES TO INCLUDE THE CATEGORY OF COVERED MATERIALS AND PRODUCTS  AS  AN
 ACCEPTED MATERIAL;

 S. 2508--B                         198
 
   3.  THE COVERED MATERIALS AND PRODUCTS CATEGORY IS NOT HANDLED THROUGH
 A DEPOSIT AND RETURN  SCHEME  OR  BUY  BACK  SYSTEM  THAT  RELIES  ON  A
 COLLECTION SYSTEM OTHER THAN CURBSIDE OR MULTI-FAMILY COLLECTION; AND
   4.  THE  PROVIDER OF THE RESIDENTIAL CURBSIDE RECYCLING SERVICE AGREES
 TO THE  PRODUCER  RESPONSIBILITY  ORGANIZATION  SERVICE  PROVIDER  COSTS
 ARRANGEMENT.
   5.  (A)  THE  PRODUCER  OR  PRODUCER RESPONSIBILITY ORGANIZATION SHALL
 ADOPT A LIST OF  MINIMUM  TYPES  OF  READILY  RECYCLABLE  MATERIALS  AND
 PRODUCTS BASED ON AVAILABLE COLLECTION AND PROCESSING INFRASTRUCTURE AND
 RECYCLING  MARKETS  FOR  COVERED MATERIALS AND PRODUCTS. THE PRODUCER OR
 PRODUCER RESPONSIBILITY ORGANIZATION SHALL UPDATE AND ADOPT THE LIST  ON
 AN ANNUAL BASIS, IN CONSULTATION WITH THE ADVISORY BOARD, IN RESPONSE TO
 COLLECTION  AND  PROCESSING  IMPROVEMENTS  AND  CHANGES IN RECYCLING END
 MARKETS. IF THERE ARE MULTIPLE LISTS, THE DEPARTMENT SHALL  COMPILE  THE
 LISTS  AND  SHALL  PUBLISH A COMPILED LIST TO THE PUBLIC. SUCH LISTS MAY
 VARY BY GEOGRAPHIC REGION DEPENDING ON  REGIONAL  MARKETS  AND  REGIONAL
 COLLECTION AND PROCESSING INFRASTRUCTURE.
   (B)  ALL  MUNICIPALITIES  OR PRIVATE RECYCLING SERVICE PROVIDERS SHALL
 PROVIDE FOR THE COLLECTION AND RECYCLING OF ALL IDENTIFIED MATERIALS AND
 PRODUCTS  CONTAINED  ON  THE  LIST  OF  MINIMUM  RECYCLABLES,  BASED  ON
 GEOGRAPHIC REGIONS, IN ORDER TO BE ELIGIBLE FOR REIMBURSEMENT; PROVIDED,
 HOWEVER,  NOTHING  SHALL  PENALIZE  A  MUNICIPALITY OR PRIVATE RECYCLING
 SERVICE FOR RECOVERING AND RECYCLING MATERIALS THAT ARE GENERATED IN THE
 MUNICIPALITY OR GEOGRAPHIC REGION THAT ARE NOT INCLUDED ON THE  LIST  OF
 MINIMUM  TYPES OF RECYCLABLE COVERED MATERIALS OR PRODUCTS AS LONG AS IT
 CAN BE DEMONSTRATED THAT SUCH MATERIALS  HAVE  A  MARKET.  REIMBURSEMENT
 SHALL  COVER  RECYCLING OF ALL COVERED MATERIALS AND PRODUCTS SO LONG AS
 THE PROGRAM INCLUDES AT LEAST THE MINIMUM RECYCLABLE LIST.
   (C) THE DEPARTMENT MAY GRANT AN EXCEPTION OF THE REQUIREMENTS IN PARA-
 GRAPH (B) OF THIS SUBDIVISION UPON A WRITTEN SHOWING BY THE MUNICIPALITY
 OR PRIVATE RECYCLING SERVICE THAT COMPLIANCE WITH THE REQUIREMENT IS NOT
 PRACTICABLE FOR A SPECIFIC IDENTIFIED PRODUCT OR  MATERIAL  AND  IF  THE
 DEPARTMENT  FINDS IT IS IN THE BEST INTEREST OF THE INTENT OF THIS TITLE
 TO GRANT THEM AN EXTENSION; PROVIDED, HOWEVER, THAT THE EXTENSION GRANT-
 ED BY THE DEPARTMENT SHALL NOT EXCEED TWELVE MONTHS.
 § 27-3315. OUTREACH AND EDUCATION.
   1.  THE  PRODUCER,  OR  PRODUCER  RESPONSIBILITY  ORGANIZATION,  SHALL
 PROVIDE  EFFECTIVE  OUTREACH, EDUCATION, AND COMMUNICATIONS TO CONSUMERS
 THROUGHOUT NEW YORK STATE REGARDING:
   (A) PROPER END-OF-LIFE MANAGEMENT OF COVERED PRODUCTS AND MATERIALS;
   (B) THE LOCATION AND AVAILABILITY OF CURBSIDE RECYCLING AND ADDITIONAL
 DROP-OFF COLLECTION OPPORTUNITIES;
   (C) HOW TO PREVENT LITTER OF COVERED MATERIALS  AND  PRODUCTS  IN  THE
 PROCESS OF COLLECTION; AND
   (D)  RECYCLING AND COMPOSTING INSTRUCTIONS THAT ARE: CONSISTENT STATE-
 WIDE, EXCEPT AS NECESSARY TO TAKE INTO ACCOUNT DIFFERENCES  AMONG  LOCAL
 LAWS  AND PROCESSING CAPABILITIES; EASY TO UNDERSTAND; AND EASILY ACCES-
 SIBLE.
   2. THE OUTREACH AND EDUCATION REQUIRED PURSUANT TO  SUBDIVISION  1  OF
 THIS SECTION SHALL:
   (A)  BE  DESIGNED  TO ACHIEVE THE MANAGEMENT GOALS OF COVERED PRODUCTS
 UNDER THIS TITLE, INCLUDING THE PREVENTION OF CONTAMINATION  OF  COVERED
 PRODUCTS;
   (B)  INCORPORATE,  AT  A  MINIMUM,  ELECTRONIC,  PRINT, WEB-BASED, AND
 SOCIAL  MEDIA  ELEMENTS  THAT  MUNICIPALITIES  COULD  UTILIZE  AT  THEIR
 DISCRETION;

 S. 2508--B                         199
 
   (C) BE COORDINATED ACROSS PROGRAMS TO AVOID CONFUSION FOR CONSUMERS;
   (D)  INCLUDE,  AT  A  MINIMUM:  CONSULTING ON EDUCATION, OUTREACH, AND
 COMMUNICATIONS WITH LOCAL GOVERNMENTS AND OTHER STAKEHOLDERS; COORDINAT-
 ING WITH AND ASSISTING LOCAL MUNICIPAL  PROGRAMS,  MUNICIPAL  CONTRACTED
 PROGRAMS, SOLID WASTE COLLECTION COMPANIES, AND OTHER ENTITIES PROVIDING
 SERVICES;  AND  DEVELOPING  AND  PROVIDING OUTREACH AND EDUCATION TO THE
 DIVERSE ETHNIC POPULATIONS IN THE STATE; AND
   (E) A PLAN TO WORK  WITH  PARTICIPATING  PRODUCERS  TO  LABEL  COVERED
 PRODUCTS,  IN ACCORDANCE WITH REASONABLE LABELING STANDARDS, WITH INFOR-
 MATION TO ASSIST CONSUMERS IN RESPONSIBLY MANAGING AND RECYCLING COVERED
 MATERIALS AND PRODUCTS.
   3. THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL  CONSULT
 WITH  MUNICIPALITIES ON THE DEVELOPMENT OF EDUCATIONAL MATERIALS AND MAY
 COORDINATE WITH MUNICIPALITIES ON OUTREACH AND COMMUNICATION.
   4. THE DEPARTMENT SHALL DETERMINE THE EFFECTIVENESS  OF  OUTREACH  AND
 EDUCATION  EFFORTS  UNDER  THIS SECTION TO DETERMINE WHETHER CHANGES ARE
 NECESSARY TO IMPROVE THOSE OUTREACH AND EDUCATION  EFFORTS  AND  DEVELOP
 INFORMATION  THAT  MAY BE USED TO IMPROVE OUTREACH AND EDUCATION EFFORTS
 UNDER THIS SECTION.
   5. THE PRODUCER RESPONSIBILITY ORGANIZATION SHALL UNDERTAKE  OUTREACH,
 EDUCATION,  AND COMMUNICATIONS THAT ASSIST IN ATTAINING OR EXCEEDING THE
 RECOVERY AND RECYCLING RATES.
 § 27-3317. REPORTING REQUIREMENTS AND AUDITS.
   1. ONE YEAR AFTER A PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION'S
 FIRST PLAN IS APPROVED,  AND  ANNUALLY  THEREAFTER,  EACH  PRODUCER,  OR
 PRODUCER  RESPONSIBILITY  ORGANIZATION ACTING AS THEIR DESIGNATED AGENT,
 SHALL SUBMIT A REPORT TO THE DEPARTMENT THAT DETAILS THE PERFORMANCE FOR
 THE PRIOR YEAR'S PROGRAM. THE REPORT SHALL BE POSTED ON THE DEPARTMENT'S
 WEBSITE AND ON THE WEBSITE OF THE PRODUCER, OR  PRODUCER  RESPONSIBILITY
 ORGANIZATION  ACTING AS THEIR DESIGNATED AGENT. SUCH ANNUAL REPORT SHALL
 INCLUDE:
   (A) A DETAILED DESCRIPTION OF THE METHODS USED TO  COLLECT,  TRANSPORT
 AND   PROCESS   COVERED   MATERIALS  AND  PRODUCTS  INCLUDING  DETAILING
 COLLECTION METHODS MADE AVAILABLE TO CONSUMERS AND AN EVALUATION OF  THE
 PROGRAM'S COLLECTION CONVENIENCE;
   (B)  A DESCRIPTION OF THE STATUS OF ACHIEVING THE RECOVERY AND RECYCL-
 ING RATES AS SET FORTH IN THE PLAN  PURSUANT  TO  THIS  TITLE  AND  WHAT
 EFFORTS ARE PROPOSED IN THE EVENT OF FAILING TO ACHIEVE SUCH RATES;
   (C)  A  DESCRIPTION ON THE STATUS OF ACHIEVING THE POST-CONSUMER RECY-
 CLED CONTENT RATES AS SET FORTH IN THE PLAN PURSUANT TO THIS TITLE,  AND
 WHAT EFFORTS ARE PROPOSED IN THE EVENT OF FAILING TO ACHIEVE SUCH RATES;
   (D)  THE  AMOUNT  OF  COVERED  MATERIALS AND PRODUCTS COLLECTED IN THE
 STATE BY MATERIAL TYPE;
   (E) THE AMOUNT AND TYPE OF COVERED MATERIALS AND PRODUCTS COLLECTED IN
 THE STATE BY THE METHOD OF DISPOSITION BY MATERIAL TYPE;
   (F) THE TOTAL COST OF IMPLEMENTING THE PROGRAM, AS  DETERMINED  BY  AN
 INDEPENDENT FINANCIAL AUDIT, AS PERFORMED BY AN INDEPENDENT AUDITOR;
   (G)  INFORMATION  REGARDING THE INDEPENDENTLY AUDITED FINANCIAL STATE-
 MENTS DETAILING ALL  PAYMENTS  RECEIVED  AND  ISSUED  BY  THE  PRODUCERS
 COVERED BY THE APPROVED PLAN;
   (H) A COPY OF THE INDEPENDENT AUDIT;
   (I)  A DETAILED DESCRIPTION OF WHETHER THE PROGRAM COMPENSATES MUNICI-
 PALITIES, SOLID WASTE COLLECTION, SORTING AND PROCESSING FACILITIES, AND
 OTHER APPROVED ENTITIES FOR THEIR RECYCLING EFFORTS  AND  OTHER  RELATED
 SERVICES PROVIDED BY THE ABOVE ENTITIES;

 S. 2508--B                         200
 
   (J)  SAMPLES  OF  ALL  EDUCATIONAL  MATERIALS PROVIDED TO CONSUMERS OR
 OTHER ENTITIES;
   (K)  A  DETAILED  LIST  OF EFFORTS UNDERTAKEN AND AN EVALUATION OF THE
 METHODS USED TO DISSEMINATE SUCH MATERIALS INCLUDING RECOMMENDATIONS, IF
 ANY, FOR HOW THE EDUCATIONAL COMPONENT OF THE PROGRAM CAN  BE  IMPROVED;
 AND
   (1) A DETAILED DESCRIPTION OF INVESTMENTS MADE IN REUSE AND  RECYCLING
 INFRASTRUCTURE AND MARKET DEVELOPMENT.
   2.  THE DEPARTMENT SHALL NOT REQUIRE PUBLIC REPORTING OF ANY CONFIDEN-
 TIAL INFORMATION THAT THE DEPARTMENT FINDS TO BE  PROTECTED  PROPRIETARY
 INFORMATION.  FOR PURPOSES OF THIS TITLE, PROTECTED PROPRIETARY INFORMA-
 TION SHALL MEAN INFORMATION THAT, IF MADE PUBLIC, WOULD DIVULGE  COMPET-
 ITIVE  BUSINESS INFORMATION, METHODS OR PROCESSES ENTITLED TO PROTECTION
 AS TRADE SECRETS OF SUCH PRODUCER OR PRODUCER  RESPONSIBILITY  ORGANIZA-
 TION OR INFORMATION THAT WOULD REASONABLY HINDER THE PRODUCER OR PRODUC-
 ER  RESPONSIBILITY  ORGANIZATION'S  COMPETITIVE ADVANTAGE IN THE MARKET-
 PLACE.
 § 27-3319. ANTITRUST PROTECTIONS.
   A PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION THAT ORGANIZES  THE
 COLLECTION,  TRANSPORTATION,  AND  PROCESSION  OF  COVERED MATERIALS AND
 PRODUCTS, IN ACCORDANCE WITH A  PRODUCER  RESPONSIBILITY  PLAN  APPROVED
 UNDER  THIS  TITLE,  SHALL NOT BE LIABLE FOR ANY CLAIM OF A VIOLATION OF
 ANTITRUST, RESTRAINT OF TRADE, OR UNFAIR  TRADE  PRACTICE  ARISING  FROM
 CONDUCT  UNDERTAKEN  IN  ACCORDANCE  WITH  THE  PROGRAM PURSUANT TO THIS
 TITLE; PROVIDED, HOWEVER, THIS SECTION SHALL NOT APPLY TO ANY  AGREEMENT
 ESTABLISHING  OR  AFFECTING THE PRICE OF A COVERED MATERIAL, PRODUCT, OR
 THE OUTPUT OR PRODUCTION OF ANY  AGREEMENT  RESTRICTING  THE  GEOGRAPHIC
 AREA OR CUSTOMERS TO WHICH A COVERED MATERIAL OR PRODUCT WILL BE SOLD.
 § 27-3321. PENALTIES.
   1.  EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ANY PERSON OR ENTITY
 THAT VIOLATES ANY PROVISION OF OR FAILS  TO  PERFORM  ANY  DUTY  IMPOSED
 PURSUANT  TO  THIS  TITLE OR ANY RULE OR REGULATION PROMULGATED PURSUANT
 THERETO, OR ANY TERM OR CONDITION OF ANY REGISTRATION OR  PERMIT  ISSUED
 PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE COMMISSION-
 ER  MADE PURSUANT TO THIS ARTICLE OR ARTICLE 71 OF THIS CHAPTER SHALL BE
 LIABLE FOR A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS  FOR  EACH
 VIOLATION  AND  AN  ADDITIONAL  PENALTY  OF  NOT  MORE THAN FIVE HUNDRED
 DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES.
   2. (A)  ANY  PRODUCER  OR  PRODUCER  RESPONSIBILITY  ORGANIZATION  WHO
 VIOLATES  ANY PROVISION OF OR FAILS TO PERFORM ANY DUTY IMPOSED PURSUANT
 TO THIS TITLE OR ANY RULE OR REGULATION  PROMULGATED  PURSUANT  THERETO,
 INCLUDING COMPLIANCE WITH REQUIREMENTS RELATED TO THE PRODUCER RESPONSI-
 BILITY  PLAN,  OR  ANY  TERM  OR CONDITION OF ANY REGISTRATION OR PERMIT
 ISSUED PURSUANT THERETO, OR ANY FINAL  DETERMINATION  OR  ORDER  OF  THE
 COMMISSIONER MADE PURSUANT TO THIS ARTICLE OR ARTICLE 71 OF THIS CHAPTER
 SHALL  BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS
 FOR EACH VIOLATION AND AN ADDITIONAL PENALTY OF NOT MORE THAN ONE  THOU-
 SAND  FIVE  HUNDRED  DOLLARS  FOR  EACH  DAY DURING WHICH SUCH VIOLATION
 CONTINUES. FOR A SECOND VIOLATION COMMITTED WITHIN TWELVE  MONTHS  OF  A
 PRIOR  VIOLATION,  THE  PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION
 SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED TEN  THOUSAND  DOLLARS
 AND  AN  ADDITIONAL  PENALTY OF NOT MORE THAN THREE THOUSAND DOLLARS FOR
 EACH DAY DURING WHICH SUCH VIOLATION CONTINUES. FOR A  THIRD  OR  SUBSE-
 QUENT  VIOLATION  COMMITTED WITHIN TWELVE MONTHS OF ANY PRIOR VIOLATION,
 THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL BE LIABLE FOR
 A CIVIL PENALTY NOT TO EXCEED TWENTY THOUSAND DOLLARS AND AN  ADDITIONAL

 S. 2508--B                         201

 PENALTY OF SIX THOUSAND DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION
 CONTINUES.
   (B) ALL PRODUCERS PARTICIPATING IN A PRODUCER RESPONSIBILITY ORGANIZA-
 TION  SHALL  BE  JOINTLY AND SEVERALLY LIABLE FOR ANY PENALTIES ASSESSED
 AGAINST THE PRODUCER RESPONSIBILITY ORGANIZATION PURSUANT TO THIS  TITLE
 AND ARTICLE 71 OF THIS CHAPTER.
   3. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE DEPART-
 MENT  AFTER  AN  OPPORTUNITY  TO  BE HEARD PURSUANT TO THE PROVISIONS OF
 SECTION 71-1709 OF THIS CHAPTER, OR  BY  THE  COURT  IN  ANY  ACTION  OR
 PROCEEDING  PURSUANT TO SECTION 71-2727 OF THIS CHAPTER, AND IN ADDITION
 THERETO, SUCH PERSON OR ENTITY MAY BY SIMILAR PROCESS BE  ENJOINED  FROM
 CONTINUING SUCH VIOLATION AND ANY PERMIT, REGISTRATION OR OTHER APPROVAL
 ISSUED  BY  THE  DEPARTMENT  MAY  BE  REVOKED  OR SUSPENDED OR A PENDING
 RENEWAL DENIED.
   4. THE DEPARTMENT AND THE ATTORNEY GENERAL ARE  HEREBY  AUTHORIZED  TO
 ENFORCE  THE  PROVISIONS OF THIS TITLE AND ALL MONIES COLLECTED SHALL BE
 DEPOSITED TO THE CREDIT OF THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED
 PURSUANT TO SECTION 92-S OF THE STATE FINANCE LAW.
 § 27-3323. STATE PREEMPTION.
   JURISDICTION IN ALL MATTERS PERTAINING TO COSTS AND FUNDING MECHANISMS
 OF PRODUCER RESPONSIBILITY ORGANIZATIONS RELATING  TO  THE  RECOVERY  OF
 COVERED  MATERIALS  BY  THIS  TITLE,  VESTED  EXCLUSIVELY  IN THE STATE;
 PROVIDED, HOWEVER, THAT (I) NOTHING IN THIS SECTION SHALL  PRECLUDE  ANY
 CITY,  TOWN, VILLAGE OR OTHER LOCAL PLANNING UNITS, WHICH ALREADY HAS IN
 PLACE ON THE EFFECTIVE DATE OF THIS TITLE ANY LOCAL  LAW,  ORDINANCE  OR
 REGULATION   GOVERNING   A  MUNICIPALLY-OPERATED  RECYCLING  PROGRAM  OR
 COLLECTION PROGRAM OPERATED ON BEHALF OF SUCH MUNICIPALITY, FROM  DETER-
 MINING  WHAT MATERIALS SHALL BE INCLUDED FOR RECYCLING IN SUCH MUNICIPAL
 RECYCLING COLLECTION PROGRAM, OR SHALL  PRECLUDE  ANY  SUCH  LOCAL  LAW,
 ORDINANCE OR REGULATION WHICH PROVIDES ENVIRONMENTAL PROTECTION EQUAL TO
 OR  GREATER THAN THE PROVISIONS OF THIS TITLE OR RULES PROMULGATED HERE-
 UNDER, AND (II) THAT NOTHING IN THIS SECTION  SHALL  PRECLUDE  A  PERSON
 FROM  COORDINATING,  FOR  RECYCLING  OR REUSE, THE COLLECTION OF COVERED
 MATERIALS AND PRODUCTS.
 § 27-3325. AUTHORITY TO PROMULGATE RULES AND REGULATIONS.
   THE COMMISSIONER SHALL HAVE THE POWER TO PROMULGATE  RULES  AND  REGU-
 LATIONS NECESSARY AND APPROPRIATE FOR THE ADMINISTRATION OF THIS TITLE.
 § 27-3327. OTHER ASSISTANCE PROGRAMS.
   NOTHING  IN  THIS  TITLE  SHALL IMPACT AN ENTITY'S ELIGIBILITY FOR ANY
 STATE OR LOCAL INCENTIVE OR ASSISTANCE PROGRAM TO WHICH THEY ARE  OTHER-
 WISE ELIGIBLE.
 § 27-3329. SEVERABILITY.
   THE  PROVISIONS  OF  THIS  TITLE SHALL BE SEVERABLE AND IF ANY PHRASE,
 CLAUSE, SENTENCE OR PROVISION OF THIS TITLE OR THE APPLICABILITY THEREOF
 TO ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID,  THE  REMAINDER  OF
 THIS TITLE AND THE APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                 PART DDD
 
   Section  1. The agriculture and markets law is amended by adding a new
 article 27 to read as follows:
                                ARTICLE 27
                             NOURISH NEW YORK
 SECTION 450. DECLARATION OF LEGISLATIVE FINDINGS AND INTENT.

 S. 2508--B                         202
 
         451. DEFINITIONS.
         452. NOURISH NEW YORK PROGRAM.
   § 450. DECLARATION OF LEGISLATIVE FINDINGS AND INTENT. WHILE THE NOUR-
 ISH  NEW YORK PROGRAM WAS DEVELOPED IN RESPONSE TO DISRUPTED FOOD SUPPLY
 CHAINS DUE TO THE COVID-19 PANDEMIC, IT  HAS  EMERGED  AS  AN  IMPORTANT
 INNOVATION,  SIGNIFICANTLY  SUPPORTING THE STATE'S FARMS WHILE PROVIDING
 NOURISHING FRESH FOODS  TO  PEOPLE  EXPERIENCING  FOOD  INSECURITY.  THE
 COVID-19  CRISIS  UNVEILED  THE  WEAKNESSES  IN  OUR STATE'S FOOD SUPPLY
 SYSTEM AND HAS CAUSED SERIOUS ECONOMIC HARDSHIPS FOR THE  STATE'S  FARMS
 AND AGRIBUSINESSES.  BUT, IN THE TEN MONTHS SINCE ITS INCEPTION, NOURISH
 NEW  YORK  HAS  ALREADY STRENGTHENED THE STATE'S FOOD SUPPLY NETWORK AND
 EXPANDED MARKETS FOR NEW YORK FARM PRODUCTS. THE LOCAL FOOD MOVEMENT HAS
 ALSO GAINED SIGNIFICANT MOMENTUM DURING THE  PANDEMIC,  WITH  INCREASING
 NUMBERS  OF  NEW  YORKERS  WANTING  TO KNOW WHERE THEIR FOOD IS SOURCED.
 THIS PRESENTS THE STATE WITH A MAJOR OPPORTUNITY TO  SUPPORT  OUR  LOCAL
 ECONOMIES  AND  CREATE  GREATER  EQUITY  IN OUR FOOD SYSTEM BY PROVIDING
 GREATER ACCESS TO LOCAL, HEALTHY OPTIONS IN FOOD INSECURE AREAS  THROUGH
 MAKING THE NOURISH NEW YORK PROGRAM PERMANENT.
   §  451.  DEFINITIONS.  1. "FOOD RELIEF ORGANIZATION" MEANS A RELIGIOUS
 ORGANIZATION OR OTHER NOT-FOR-PROFIT THAT  PROVIDES  FOOD  FOR  FREE  TO
 PERSONS  EXPERIENCING  FOOD  INSECURITY,  INCLUDING BUT NOT LIMITED TO A
 FOOD PANTRY, FOOD BANK, OR SOUP KITCHEN OR COMMUNITY-BASED  ORGANIZATION
 THAT PROVIDES FOOD FOR FREE TO PERSONS EXPERIENCING FOOD INSECURITY.
   2. "SURPLUS AGRICULTURAL PRODUCTS" MEANS CONSUMABLE OR EDIBLE AGRICUL-
 TURAL  PRODUCTS  GROWN  IN  NEW  YORK  BUT SHALL NOT INCLUDE CONDIMENTS,
 SWEETENERS OR BEVERAGES CONTAINING ALCOHOL.
   § 452. NOURISH NEW YORK PROGRAM. 1. THE  COMMISSIONER  SHALL,  TO  THE
 EXTENT  PERMITTED  BY  STATE OR FEDERAL APPROPRIATIONS FOR SUCH PURPOSE,
 FACILITATE PROGRAMMING THAT ENSURES SURPLUS  AGRICULTURAL  PRODUCTS  ARE
 PROVIDED TO FOOD RELIEF ORGANIZATIONS AT COMPETITIVE WHOLESALE PRICES.
   2. THE COMMISSIONER SHALL PROVIDE TECHNICAL ASSISTANCE AND INFORMATION
 ABOUT  THE  PROGRAM  TO  FOOD RELIEF ORGANIZATIONS, PRODUCERS OF SURPLUS
 AGRICULTURAL PRODUCTS AND THE PUBLIC, INCLUDING,  BUT  NOT  LIMITED  TO,
 INFORMATION POSTED ON THE DEPARTMENT'S WEBSITE.
   3.  THE COMMISSIONER SHALL PROVIDE MEANS, WHICH MAY INCLUDE POSTING ON
 THE DEPARTMENT'S WEBSITE, FOR PRODUCERS TO MAKE AVAILABLE SURPLUS  AGRI-
 CULTURAL  PRODUCTS  AND  FOR FOOD RELIEF ORGANIZATIONS TO ACCESS SURPLUS
 AGRICULTURAL PRODUCTS.
   4. THE COMMISSIONER, IN CONSULTATION WITH THE  DEPARTMENT  OF  HEALTH,
 SHALL REVIEW THE CURRENT FUNDING STRUCTURE, FUNDING ADEQUACY AND CURRENT
 SERVICE  LEVELS OF THE HUNGER PREVENTION NUTRITION ASSISTANCE PROGRAM IN
 ALL REGIONS OF THE STATE. REVIEW OF CURRENT SERVICE  LEVELS  SHALL  TAKE
 INTO  ACCOUNT  THE  SIZE  OF THE SERVICE AREA, THE POPULATION IN NEED OF
 SUCH HUNGER PREVENTION NUTRITION ASSISTANCE PROGRAM  AND  THE  NEED  FOR
 ADDITIONAL  FACILITIES  WITHIN  A  REGION IN ORDER TO ADDRESS INCREASING
 FOOD INSECURITY AND HUNGER.  FOLLOWING  SUCH  REVIEW,  THE  COMMISSIONER
 SHALL MAKE AND REPORT ANY RECOMMENDATIONS, INCLUDING BUT NOT LIMITED TO,
 INCREASING THE MAXIMUM AMOUNT OF MONEY EACH FOOD PANTRY MAY BE ALLOCATED
 BY  SUCH  PROGRAM,  WHETHER  SUCH  PROGRAM FUNDING SHOULD BE INDEXED FOR
 INFLATION ANNUALLY, AND ANY  STRUCTURAL  AND  FUNDING  ADEQUACY  CHANGES
 DEEMED NECESSARY.
   5. THE COMMISSIONER SHALL REVIEW AND REPORT ON THE NEED TO ESTABLISH A
 GRANT  PROGRAM  TO  FUND  THE  PURCHASE  OF  COLD  STORAGE EQUIPMENT FOR
 REGIONAL FOOD BANKS, FOOD PANTRIES AND OTHER  EMERGENCY  FOOD  ORGANIZA-
 TIONS.  SUCH  GRANT  PROGRAM  SHALL PRIORITIZE REGIONS OF THE STATE THAT
 HAVE THE HIGHEST DEMAND FOR EMERGENCY FOOD  AND  REGIONS  OF  THE  STATE

 S. 2508--B                         203
 
 WHERE REGIONAL FOOD BANKS AND PANTRIES HAVE DETERMINED THE NEED FOR MORE
 CAPACITY  TO  SAFELY  STORE PERISHABLE FOOD BEFORE SUCH FOOD IS DISTRIB-
 UTED.  SUCH REPORT SHALL BE COMPLETED AND SUBMITTED TO THE GOVERNOR  AND
 THE LEGISLATURE NO LATER THAN FEBRUARY FIRST, TWO THOUSAND TWENTY-TWO.
   § 2. This act shall take effect immediately.
 
                                 PART EEE
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "comprehensive broadband connectivity act".
   § 2. Legislative findings. The legislature hereby finds  and  declares
 that  more granular  and adequate broadband mapping is an essential next
 step in continuing  the progress of expanding  access  to  high-quality,
 affordable  broadband   access in New York State. The New York Broadband
 Program has  helped expand broadband service to hundreds of thousands of
 previously  underserved New Yorkers. However, many  still  lack  access.
 Due  to a lack  of comprehensive data, measuring the true extent of this
 problem has  been hampered by the limitations of federal data on  broad-
 band  access.    More  accurate  and  comprehensive data is necessary to
 complete the  State's work in ensuring truly universal broadband access.
   § 3. The public service law is amended by adding a new  section  224-c
 to read as follows:
   §  224-C.  BROADBAND  AND FIBER OPTIC SERVICES. 1. FOR THE PURPOSES OF
 THIS SECTION:
   (A) THE TERM "SERVED" MEANS ANY LOCATION WITH AT  LEAST  TWO  INTERNET
 SERVICE  PROVIDERS  AND  AT  LEAST  ONE  SUCH PROVIDER OFFERS HIGH-SPEED
 INTERNET SERVICE.
   (B) THE TERM "UNDERSERVED" MEANS ANY LOCATION WHICH HAS FEWER THAN TWO
 INTERNET SERVICE PROVIDERS, OR HAS INTERNET SPEEDS OF AT LEAST 25  MEGA-
 BITS  PER  SECOND (MBPS) DOWNLOAD BUT LESS THAN 100 MBPS DOWNLOAD AVAIL-
 ABLE.
   (C) THE TERM "UNSERVED" MEANS ANY LOCATION WHICH HAS NO FIXED WIRELESS
 SERVICE OR WIRED SERVICE WITH SPEEDS OF 25 MBPS DOWNLOAD OR LESS  AVAIL-
 ABLE.
   (D)  THE  TERM "HIGH-SPEED INTERNET SERVICE" MEANS INTERNET SERVICE OF
 AT LEAST 100 MBPS DOWNLOAD AND AT LEAST 10 MBPS UPLOAD.
   (E) THE TERM "BROADBAND  SERVICE"  SHALL  MEAN  A  MASS-MARKET  RETAIL
 SERVICE  THAT  PROVIDES  THE  CAPABILITY TO TRANSMIT DATA TO AND RECEIVE
 DATA FROM ALL OR SUBSTANTIALLY ALL INTERNET ENDPOINTS,  INCLUDING    ANY
 CAPABILITIES  THAT  ARE  INCIDENTAL  TO  AND ENABLE THE OPERATION OF THE
 COMMUNICATIONS SERVICE, BUT SHALL NOT INCLUDE DIAL-UP SERVICE.
   (F) THE TERM "LOCATION" SHALL MEAN A GEOGRAPHIC AREA  SMALLER  THAN  A
 CENSUS TRACT.
   (G)  THE TERM "INTERNET SERVICE PROVIDER" SHALL MEAN ANY PERSON, BUSI-
 NESS  OR  ORGANIZATION  QUALIFIED  TO  DO  BUSINESS  IN  THIS STATE THAT
 PROVIDES INDIVIDUALS, CORPORATIONS, OR OTHER ENTITIES WITH  THE  ABILITY
 TO CONNECT TO THE INTERNET.
   2.  THE  COMMISSION  SHALL  STUDY  THE AVAILABILITY, AFFORDABILITY AND
 RELIABILITY OF HIGH-SPEED INTERNET AND BROADBAND SERVICES  IN  NEW  YORK
 STATE.  THE  COMMISSION SHALL, WITH THE ASSISTANCE OF THE NEW YORK STATE
 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY,  TO  THE  EXTENT  PRACTICABLE
 UNDER NEW YORK STATE LAW:
   (A)  ASSESS  THE EFFICACY AND MAKE RECOMMENDATIONS REGARDING LEVELS OF
 COMPETITION AMONG PROVIDERS, AS WELL AS  ANY  REGULATORY  AND  STATUTORY
 BARRIERS,  IN  ORDER  TO DELIVER COMPREHENSIVE STATEWIDE ACCESS TO HIGH-
 SPEED INTERNET;

 S. 2508--B                         204
 
   (B) REVIEW  AVAILABLE  TECHNOLOGY  TO  IDENTIFY  SOLUTIONS  THAT  BEST
 SUPPORT  HIGH-SPEED  INTERNET  SERVICE IN UNDERSERVED OR UNSERVED AREAS,
 AND MAKE RECOMMENDATIONS ON ENSURING DEPLOYMENT OF  SUCH  TECHNOLOGY  IN
 UNDERSERVED AND UNSERVED AREAS;
   (C)  IDENTIFY  INSTANCES  WHERE  LOCAL  FRANCHISE AGREEMENTS AND LEGAL
 SETTLEMENTS RELATED TO INTERNET ACCESS HAVE NOT BEEN COMPLIED WITH;
   (D) IDENTIFY LOCATIONS WHERE INSUFFICIENT ACCESS TO HIGH-SPEED  INTER-
 NET AND/OR BROADBAND SERVICE, AND/OR PERSISTENT DIGITAL DIVIDE, IS CAUS-
 ING NEGATIVE SOCIAL OR ECONOMIC IMPACT ON THE COMMUNITY;
   (E)  IDENTIFY  LOCATIONS  WHERE  THE  COMMISSION  BELIEVES FIBER OPTIC
 SERVICE IS NECESSARY FOR THE SUCCESSFUL IMPLEMENTATION  OF  COMMISSION'S
 POLICIES ON COMPETITION, AFFORDABILITY, AND ADEQUATE SERVICE;
   (F) EXAMINE ANY OTHER TELECOMMUNICATIONS DEFICIENCIES AFFECTING BROAD-
 BAND SERVICE IT DEEMS NECESSARY TO FURTHER THE ECONOMIC AND SOCIAL GOALS
 OF THE STATE; AND
   (G)  PRODUCE, MAINTAIN AND PUBLISH ON ITS WEBSITE, A DETAILED INTERNET
 ACCESS MAP OF THE  STATE,  INDICATING  ACCESS  TO  INTERNET  SERVICE  BY
 LOCATION.  SUCH  MAP SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
 INFORMATION FOR EACH LOCATION:
   (I) DOWNLOAD AND UPLOAD SPEEDS ADVERTISED AND EXPERIENCED;
   (II) THE CONSISTENCY AND RELIABILITY OF  DOWNLOAD  AND  UPLOAD  SPEEDS
 INCLUDING LATENCY;
   (III) THE TYPES OF INTERNET SERVICE AND TECHNOLOGIES AVAILABLE INCLUD-
 ING  BUT  NOT  LIMITED  TO DIAL-UP, BROADBAND, WIRELESS, FIBER, COAX, OR
 SATELLITE;
   (IV) THE NUMBER OF INTERNET SERVICE PROVIDERS AVAILABLE, THE PRICE  OF
 INTERNET SERVICE AVAILABLE; AND
   (V) ANY OTHER FACTORS THE COMMISSION MAY DEEM RELEVANT.
   3.  THE COMMISSION SHALL SUBMIT A REPORT OF ITS FINDINGS AND RECOMMEN-
 DATIONS FROM THE STUDY REQUIRED IN SUBDIVISION TWO OF THIS  SECTION,  TO
 THE  GOVERNOR,  THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
 THE ASSEMBLY NO LATER THAN ONE YEAR AFTER THE  EFFECTIVE  DATE  OF  THIS
 SECTION,  AND  AN  UPDATED REPORT ANNUALLY THEREAFTER. SUCH REPORT SHALL
 INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   (A) THE OVERALL NUMBER OF RESIDENCES WITH ACCESS TO HIGH-SPEED  INTER-
 NET IDENTIFYING WHICH AREAS ARE SERVED, UNSERVED AND UNDERSERVED;
   (B)  A  REGIONAL  SURVEY  OF  INTERNET SERVICE PRICES IN COMPARISON TO
 COUNTY-LEVEL MEDIAN INCOME;
   (C) AN ANALYSIS OF THE AFFORDABILITY OF HIGH-SPEED INTERNET SERVICE IN
 NEW YORK STATE;
   (D) ANY RELEVANT USAGE STATISTICS;
   (E) ANY OTHER METRICS OR ANALYSES THE COMMISSION  DEEMS  NECESSARY  IN
 ORDER  TO  ASSESS  THE  AVAILABILITY,  AFFORDABILITY  AND RELIABILITY OF
 INTERNET SERVICE IN NEW YORK STATE; AND
   (F) THE MAP MAINTAINED PURSUANT TO PARAGRAPH (G) OF SUBDIVISION TWO OF
 THIS SECTION.
   4. THE COMMISSION SHALL HOLD AT LEAST FOUR  REGIONAL  PUBLIC  HEARINGS
 WITHIN  ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, TO SOLICIT INPUT
 FROM THE PUBLIC AND OTHER STAKEHOLDERS  INCLUDING  BUT  NOT  LIMITED  TO
 INTERNET SERVICE PROVIDERS, TELECOMMUNICATIONS CONCERNS, LABOR ORGANIZA-
 TIONS,  PUBLIC SAFETY ORGANIZATIONS, HEALTHCARE, EDUCATION, AGRICULTURAL
 AND OTHER BUSINESSES OR ORGANIZATIONS.
   5. THE COMMISSION SHALL WORK WITH INTERNET SERVICE  PROVIDERS  IN  THE
 STATE TO PRIORITIZE ACCESS TO BROADBAND AND FIBER OPTIC SERVICES FOR THE
 COMMUNITIES  DETERMINED TO HAVE EXPERIENCED NEGATIVE ECONOMIC AND SOCIAL

 S. 2508--B                         205
 
 IMPACTS DUE TO ABSENT, INSUFFICIENT, OR INADEQUATE  BROADBAND  OR  FIBER
 OPTIC SERVICE PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   6.  TO  EFFECTUATE  THE  PURPOSES  OF THIS SECTION, THE COMMISSION MAY
 REQUEST AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD,  BUREAU,
 COMMISSION  OR  OTHER  AGENCY OF THE STATE OR ANY STATE PUBLIC AUTHORITY
 SUCH ASSISTANCE, INFORMATION AND DATA AS WILL ENABLE THE  COMMISSION  TO
 CARRY OUT ITS POWERS AND DUTIES UNDER THIS SECTION.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
                                 PART FFF
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "E-Let's Expand Access to Remote Now (E-LEARN) Act".
   §  2.  Legislative  intent.  The legislature hereby finds and declares
 that the COVID-19 pandemic has plagued the health, economy and education
 systems throughout New York and impacted the livelihood of  every  resi-
 dent  of  the  state  with an extensive, protracted and disproportionate
 impact on students in every region.
   The legislature further finds  the  unprecedented  closure  of  school
 buildings  for  the last quarter of the 2019-20 school year coupled with
 increasing COVID-19 public health and  safety  concerns  throughout  the
 summer  and into the beginning of the 2020-21 school year have continued
 to present logistical challenges  for  the  delivery  of  education  and
 support services especially for students who are living in poverty.
   The legislature further finds Article XI of the New York state Consti-
 tution  which  stipulates 'The Legislature shall provide for the mainte-
 nance and support of a system of free common schools,  wherein  all  the
 children  of the state may be educated' must be continuously upheld even
 throughout the ensuing pandemic period.
   The legislature further finds schools across the state had to  quickly
 implement  technological programs and devices to deliver remote learning
 options to students during the closed down period and many  schools  are
 required to, or are requested to, continue distance learning modality as
 an instructional delivery model.
   The legislature further finds lack of high-quality internet access has
 had  and  continues  to  have a disequalizing impact on children who are
 poor, homeless and without the resources to  support  their  educational
 needs.
   The  Legislature  further finds it is a state imperative to ensure all
 children have access to the delivery of technology through  high-quality
 broadband  internet  connectivity in order to meet the State's constitu-
 tional requirement and maintain a system of free common schools.
   The legislature further finds that high-speed internet access, common-
 ly referred to as broadband internet, can be achieved  through  utiliza-
 tion  of  a  variety of technologies, including wired infrastructure via
 fiber optic cable, and through wireless technologies such as fixed wire-
 less internet and satellite internet, and that taking advantage  of  all
 available  and  evolving  technologies  can enable communities currently
 without wired infrastructure to nonetheless improve access to high qual-
 ity internet until such time as wired infrastructure is made universally
 available.
   The legislature further finds that almost every sector of  New  York's
 economy,  democracy,  and  society  depends  on widespread, high-quality
 internet access that supports vital functions regulated under the police
 power of the state.

 S. 2508--B                         206

   The legislature further finds that while the internet is an interstate
 resource, the essential support it provides  for  innumerable  municipal
 and  state operations, vital business and community service, delivery of
 educational programs and services and  daily  interactions  between  the
 people of New York and their governments are of state concern.
   The  legislature further finds that while the operations of telecommu-
 nication service providers must be subject to state oversight, they also
 must be protected from undue restraint and regulation so  as  to  assure
 optimum  technology and maximum availability in this state as rapidly as
 economically and technically feasible.
   The legislature further finds that telecommunication  service  provid-
 ers, notwithstanding their unique attributes, are part of an increasing-
 ly  integrated  telecommunications  industry,  the soundness of which is
 essential, not only to education,  but  also  to  the  state's  economic
 growth  and  general  welfare, and portions of whose business are wholly
 intrastate.
   The legislature further finds that there is a need  for  one  or  more
 state  agencies  to determine state internet access policy as it relates
 to the education of the state's students during the  COVID-19  pandemic,
 ensure   that  telecommunication  service  providers  provide  adequate,
 economical and efficient service to students and schools,  and  oversee,
 consonant  with  federal  regulations  and statutes, the availability of
 high-quality internet access during the COVID-19 pandemic in support  of
 the constitutional education obligations of the state.
   The  legislature  further  finds  that  it is necessary to establish a
 competitively-neutral funding mechanism to provide the resources  neces-
 sary to assure and maintain satisfaction of the constitutional education
 obligations of the state.
   Therefore,  be  it resolved, that, the legislature hereby approves the
 use of the police power inherent in the state of New York to protect and
 promote the safety, life, public  health,  public  convenience,  general
 prosperity,  and  well-being  of society, and the welfare of the state's
 population and economy, as necessary to satisfy the provisions of  Arti-
 cle  XI  of  the  New  York  state Constitution to provide a free public
 education pursuant to the E-Let's Expand Access to Remote Now  (E-LEARN)
 act, as defined in this act.
   §  3. The education law is amended by adding a new article 9-A to read
 as follows:
                                ARTICLE 9-A
                              E-LEARN PROGRAM
 SECTION 430. DEFINITIONS.
         431. APPLICATION FOR ALLOCATION FROM THE E-LEARN FUND.
         432. ALLOCATION OF E-LEARN FUNDS.
         433. GRANT OF PERMISSION FOR USE OF INFORMATION.
         434. PROVISION  OF  HIGH-QUALITY  INTERNET  ACCESS  TO  ELIGIBLE
                STUDENTS.
         435. PROVISION  OF  HIGH-QUALITY  INTERNET  ACCESS  TO  ELIGIBLE
                SCHOOLS.
         436. PAYMENT OF COSTS AND EXPENSES.
         437. COLLABORATION.
         438. COOPERATION OF THIRD PARTIES.
         439. REQUIREMENTS.
   § 430. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1. "BROADBAND INTERNET ACCESS SERVICE" MEANS  A  SERVICE  PROVIDED  BY
 WIRE OR RADIO IN NEW YORK STATE THAT PROVIDES THE CAPABILITY TO TRANSMIT
 DATA  TO,  AND  RECEIVE  DATA  FROM,  ALL  OR SUBSTANTIALLY ALL INTERNET

 S. 2508--B                         207
 
 ENDPOINTS, INCLUDING ANY CAPABILITIES THAT ARE INCIDENTAL TO AND  ENABLE
 THE  OPERATION  OF  THE  COMMUNICATIONS  SERVICE,  BUT EXCLUDING DIAL-UP
 INTERNET ACCESS SERVICE.  BROADBAND INTERNET ACCESS SERVICE ALSO  ENCOM-
 PASSES  ANY  SERVICE  PROVIDED  IN  NEW  YORK THAT PROVIDES A FUNCTIONAL
 EQUIVALENT OF THAT SERVICE OR THAT IS USED TO EVADE THE  PROVISIONS  SET
 FORTH IN THIS ARTICLE.
   2.  "CHANCELLOR"  MEANS THE CHANCELLOR OF THE NEW YORK CITY DEPARTMENT
 OF EDUCATION.
   3. "DEPARTMENT" MEANS THE EDUCATION DEPARTMENT OF  THE  STATE  OF  NEW
 YORK.
   4. "ELIGIBLE SCHOOL" MEANS A PUBLIC SCHOOL INCLUDING A SCHOOL OPERATED
 BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, NON-PUBLIC SCHOOL, CHAR-
 TER SCHOOL, SPECIAL ACT SCHOOL, APPROVED PRIVATE SCHOOL SERVING STUDENTS
 WITH  DISABILITIES  SUBJECT TO ARTICLE EIGHTY-ONE OR EIGHTY-NINE OF THIS
 CHAPTER, STATE SUPPORTED SCHOOL SUBJECT TO ARTICLE EIGHTY-FIVE  OF  THIS
 CHAPTER,  OR  STATE  OPERATED  SCHOOL SUBJECT TO ARTICLE EIGHTY-SEVEN OR
 EIGHTY-EIGHT OF THIS CHAPTER, IN EACH CASE SERVING STUDENTS BETWEEN FIVE
 AND TWENTY-ONE YEARS OF AGE.
   5. "ELIGIBLE STUDENT" MEANS A STUDENT WHO IS A RESIDENT OF  THE  STATE
 BETWEEN  FIVE AND TWENTY-ONE YEARS OF AGE WHO IS ENROLLED IN AN ELIGIBLE
 SCHOOL OR WHO IS PROVIDED HOME INSTRUCTION IN COMPLIANCE WITH  PART  ONE
 OF ARTICLE SIXTY-FIVE OF THIS CHAPTER AND APPLICABLE REGULATIONS.
   6.  "HIGH-QUALITY  INTERNET  ACCESS"  MEANS, WITH RESPECT TO BROADBAND
 INTERNET ACCESS SERVICE PROVIDED TO AN ELIGIBLE  STUDENT,  UNINTERRUPTED
 BROADBAND  INTERNET  ACCESS  SERVICE WHICH IS NOT LIMITED TO ONE OR MORE
 PARTICULAR DEVICES AND WHICH PROVIDES ACTUAL AND STABLE DOWNLOAD  SPEEDS
 OF  AT LEAST 25 MEGABITS PER SECOND (MBPS) AND UPLOAD SPEEDS OF AT LEAST
 3 MBPS AT ALL TIMES THROUGHOUT THE APPLICABLE  SCHOOL  YEAR,  AND,  WITH
 RESPECT  TO  BROADBAND  INTERNET  ACCESS SERVICE PROVIDED TO AN ELIGIBLE
 SCHOOL, ACTUAL AND STABLE  DOWNLOAD  SPEEDS  OF  AT  LEAST  1  MBPS  PER
 ENROLLED  STUDENT  AND  UPLOAD  SPEEDS  OF  AT LEAST 1 MBPS PER ENROLLED
 STUDENT AT ALL TIMES THROUGHOUT THE APPLICABLE SCHOOL YEAR.
   7. "TELECOMMUNICATION SERVICE PROVIDER" MEANS A BUSINESS THAT PROVIDES
 BROADBAND INTERNET ACCESS SERVICE IN THE STATE.
   § 431. APPLICATION FOR ALLOCATION  FROM  THE  E-LEARN  FUND.  1.  EACH
 PUBLIC SCHOOL DISTRICT WITH RESPECT TO ELIGIBLE SCHOOLS UNDER THE JURIS-
 DICTION OF SUCH PUBLIC SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES WITH RESPECT TO ELIGIBLE SCHOOLS UNDER THE JURISDICTION OF SUCH
 BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES, NON-PUBLIC SCHOOL, CHARTER
 SCHOOL, APPROVED  PRIVATE  SCHOOL  SERVING  STUDENTS  WITH  DISABILITIES
 SUBJECT  TO  ARTICLE  EIGHTY-ONE  OR  EIGHTY-NINE OF THIS CHAPTER, STATE
 SUPPORTED SCHOOL SUBJECT TO ARTICLE  EIGHTY-FIVE  OF  THIS  CHAPTER,  OR
 STATE OPERATED SCHOOL SUBJECT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF
 THIS  CHAPTER  IS HEREBY DIRECTED TO SUBMIT DOCUMENTATION TO THE DEPART-
 MENT OF THE REQUIREMENTS NECESSARY TO SATISFY THE PROVISIONS OF SECTIONS
 FOUR HUNDRED THIRTY-FOUR AND FOUR HUNDRED THIRTY-FIVE OF  THIS  ARTICLE.
 EACH  SUCH  PUBLIC  SCHOOL  DISTRICT,  BOARD  OF COOPERATIVE EDUCATIONAL
 SERVICES OR SCHOOL, AS APPLICABLE, SHALL MAKE APPLICATION WITHIN  FORTY-
 FIVE  DAYS  OF  THE  EFFECTIVE  DATE  OF  THIS ARTICLE TO THE DEPARTMENT
 SETTING FORTH SUCH REQUIREMENTS, AND ANNUALLY THEREAFTER  BEFORE  AUGUST
 FIRST.
   2.  THE  CHANCELLOR  IS HEREBY DIRECTED TO SUBMIT DOCUMENTATION TO THE
 DEPARTMENT OF THE REQUIREMENTS NECESSARY TO SATISFY  THE  PROVISIONS  OF
 SECTIONS  FOUR  HUNDRED THIRTY-FOUR AND FOUR HUNDRED THIRTY-FIVE OF THIS
 ARTICLE WITH RESPECT TO ELIGIBLE SCHOOLS UNDER THE JURISDICTION  OF  THE
 NEW  YORK CITY DEPARTMENT OF EDUCATION AND ELIGIBLE STUDENTS ENROLLED IN

 S. 2508--B                         208
 
 SUCH ELIGIBLE SCHOOLS.   THE CHANCELLOR SHALL MAKE  APPLICATION  TO  THE
 DEPARTMENT  WITHIN  NINETY  DAYS  OF  THE EFFECTIVE DATE OF THIS ARTICLE
 SETTING FORTH SUCH REQUIREMENTS OF SUCH ELIGIBLE SCHOOLS,  AND  ANNUALLY
 THEREAFTER BEFORE AUGUST FIRST.
   3.  THE  PERSON  IN  PARENTAL RELATION TO EACH ELIGIBLE STUDENT WHO IS
 PROVIDING HOME INSTRUCTION  IN  COMPLIANCE  WITH  PART  ONE  OF  ARTICLE
 SIXTY-FIVE OF THIS CHAPTER AND APPLICABLE REGULATIONS IS HEREBY DIRECTED
 TO  SUBMIT DOCUMENTATION TO THE DEPARTMENT OF THE REQUIREMENTS NECESSARY
 TO SATISFY THE PROVISIONS OF SECTIONS FOUR HUNDRED THIRTY-FOUR AND  FOUR
 HUNDRED  THIRTY-FIVE  OF  THIS  ARTICLE  WITH  RESPECT  TO SUCH ELIGIBLE
 STUDENTS. SUCH PERSON IN PARENTAL RELATION SHALL MAKE APPLICATION TO THE
 DEPARTMENT WITHIN FORTY-FIVE DAYS OF THE EFFECTIVE DATE OF THIS  ARTICLE
 SETTING  FORTH  SUCH  REQUIREMENTS OF SUCH ELIGIBLE SCHOOL, AND ANNUALLY
 THEREAFTER BEFORE AUGUST FIRST.
   § 432. ALLOCATION OF E-LEARN FUNDS. THE COMMISSIONER  SHALL  DETERMINE
 CRITERIA FOR ALLOCATION OF MONEYS FROM THE E-LEARN FUND TO PUBLIC SCHOOL
 DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, THE NEW YORK CITY
 DEPARTMENT  OF  EDUCATION,  NON-PUBLIC SCHOOLS, CHARTER SCHOOLS, SPECIAL
 ACT SCHOOLS, APPROVED PRIVATE SCHOOLS SERVING STUDENTS WITH DISABILITIES
 SUBJECT TO ARTICLE EIGHTY-ONE OR  EIGHTY-NINE  OF  THIS  CHAPTER,  STATE
 SUPPORTED  SCHOOL  SUBJECT TO ARTICLE EIGHTY-FIVE OF THIS CHAPTER, STATE
 OPERATED SCHOOL SUBJECT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF  THIS
 CHAPTER,  AND  PERSONS IN PARENTAL RELATION TO ELIGIBLE STUDENTS WHO ARE
 PROVIDING HOME INSTRUCTION  IN  COMPLIANCE  WITH  PART  ONE  OF  ARTICLE
 SIXTY-FIVE  OF  THIS  CHAPTER  AND  APPLICABLE REGULATIONS FOR ACHIEVING
 EQUITABLE ACCESS TO REMOTE LEARNING RESOURCES FOR ELIGIBLE STUDENTS  AND
 ELIGIBLE  SCHOOLS PURSUANT TO SECTIONS FOUR HUNDRED THIRTY-FOUR AND FOUR
 HUNDRED THIRTY-FIVE OF THIS ARTICLE. SUCH CRITERIA SHALL INCLUDE BUT NOT
 BE LIMITED TO THE NUMBER OF ELIGIBLE STUDENTS AT EACH  ELIGIBLE  SCHOOL,
 THE  DEGREE  TO WHICH MULTIPLE ELIGIBLE STUDENTS ARE MEMBERS OF THE SAME
 HOUSEHOLD AND RESIDE AT THE SAME RESIDENCE, THE RESPONSE RATE OF  GRANTS
 OF  PERMISSION  PURSUANT  TO  SECTION  FOUR HUNDRED THIRTY-THREE OF THIS
 ARTICLE, THE DEGREE OF NEED OF EACH ELIGIBLE SCHOOL AND THEIR RESPECTIVE
 CLASSROOMS, AND, SUBJECT TO SECTION FOUR HUNDRED  THIRTY-SEVEN  OF  THIS
 ARTICLE, THE DIFFERENT REGIONAL FACTORS AFFECTING THE PROVISION OF HIGH-
 QUALITY INTERNET ACCESS.
   §  433.  GRANT  OF  PERMISSION FOR USE OF INFORMATION. NOTWITHSTANDING
 SECTION TWO-D OF THIS CHAPTER, PUBLIC SCHOOL DISTRICTS, BOARDS OF  COOP-
 ERATIVE  EDUCATION, THE CHANCELLOR, CHARTER SCHOOLS, NON-PUBLIC SCHOOLS,
 APPROVED PRIVATE SCHOOLS SERVING STUDENTS WITH DISABILITIES  SUBJECT  TO
 ARTICLE  EIGHTY-ONE  OR  EIGHTY-NINE  OF  THIS  CHAPTER, STATE SUPPORTED
 SCHOOLS SUBJECT TO ARTICLE EIGHTY-FIVE OF THIS CHAPTER, OR  STATE  OPER-
 ATED  SCHOOLS  SUBJECT  TO  ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS
 CHAPTER, SHALL PROVIDE TO ELIGIBLE STUDENTS OR THEIR FAMILIES, AS APPRO-
 PRIATE, A FORM REQUESTING INFORMATION AS TO WHETHER THE ELIGIBLE STUDENT
 HAD HIGH-QUALITY INTERNET ACCESS  AS  OF  THE  EFFECTIVE  DATE  OF  THIS
 SECTION  AND CONTINUES TO HAVE HIGH-QUALITY INTERNET ACCESS, AND IF SUCH
 STUDENT HAD HIGH-QUALITY INTERNET ACCESS AS OF SUCH DATE  AND  CONTINUES
 TO  HAVE  HIGH-QUALITY INTERNET ACCESS, THE NAME OF THE CURRENT PROVIDER
 OF SUCH HIGH-QUALITY INTERNET SERVICE, AND  IN  EITHER  CASE  REQUESTING
 PERMISSION FOR THE USE OF NAMES AND CONTACT INFORMATION OF SUCH STUDENTS
 OR FAMILIES, AS APPROPRIATE, FOR PURPOSES OF ENTERING INTO AGREEMENTS TO
 PROVIDE  SUCH  ELIGIBLE  STUDENTS  WITH  HIGH-QUALITY INTERNET ACCESS IN
 ACCORDANCE WITH THIS ARTICLE OR FOR PURPOSES OF THE REDUCTION  IN  COSTS
 PURSUANT  TO  SUBDIVISION  THREE OF SECTION TWO HUNDRED TWENTY-FOUR-C OF
 THE PUBLIC SERVICE LAW. SUCH FORM OF REQUEST SHALL BE  IN  A  FORM,  AND

 S. 2508--B                         209
 
 DISTRIBUTED  AND  COLLECTED,  IN  SUCH  MANNER  AS THE APPLICABLE PUBLIC
 SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, THE CHANCEL-
 LOR, OR ELIGIBLE SCHOOL, AS APPLICABLE, MAY DEEM APPROPRIATE;  PROVIDED,
 HOWEVER,  THAT  USE  OF  INFORMATION PROVIDED SHALL BE LIMITED TO USE OF
 ONLY SUCH PERSONALLY IDENTIFIABLE INFORMATION AS SHALL BE  NECESSARY  TO
 SATISFY  THE  REQUIREMENTS  OF  THIS  ARTICLE  AND  SUBDIVISION THREE OF
 SECTION TWO HUNDRED TWENTY-FOUR-C OF THE PUBLIC SERVICE LAW.  SUCH  FORM
 OF REQUEST SHALL BE PROVIDED TO ELIGIBLE STUDENTS, OR THEIR FAMILIES, AS
 APPROPRIATE, NO LATER THAN FIFTEEN DAYS AFTER THE EFFECTIVE DATE OF THIS
 ARTICLE, AND SHALL BE TRANSLATED IN THE PREDOMINANT LANGUAGES OTHER THAN
 ENGLISH  OF ELIGIBLE STUDENTS AND THEIR FAMILIES SERVED BY SUCH ELIGIBLE
 SCHOOLS.
   § 434. PROVISION OF HIGH-QUALITY INTERNET ACCESS TO ELIGIBLE STUDENTS.
 1. (A) UPON APPROVAL OF THE ALLOCATIONS OF THE E-LEARN FUND PURSUANT  TO
 SECTION  FOUR  HUNDRED  THIRTY-TWO  OF  THIS  ARTICLE EACH PUBLIC SCHOOL
 DISTRICT WITH RESPECT TO ELIGIBLE SCHOOLS UNDER THE JURISDICTION OF SUCH
 PUBLIC SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  WITH
 RESPECT  TO  ELIGIBLE  SCHOOLS  UNDER  THE JURISDICTION OF SUCH BOARD OF
 COOPERATIVE EDUCATIONAL SERVICES,  NON-PUBLIC  SCHOOL,  CHARTER  SCHOOL,
 APPROVED  PRIVATE  SCHOOL  SERVING STUDENTS WITH DISABILITIES SUBJECT TO
 ARTICLE EIGHTY-ONE OR  EIGHTY-NINE  OF  THIS  CHAPTER,  STATE  SUPPORTED
 SCHOOL  SUBJECT  TO ARTICLE EIGHTY-FIVE OF THIS CHAPTER, AND STATE OPER-
 ATED SCHOOL SUBJECT TO ARTICLE  EIGHTY-SEVEN  OR  EIGHTY-EIGHT  OF  THIS
 CHAPTER  SHALL  BE  AUTHORIZED  TO ENTER INTO AGREEMENTS TO PROVIDE EACH
 ELIGIBLE STUDENT ENROLLED AT AN ELIGIBLE SCHOOL WHO DID NOT  HAVE  HIGH-
 QUALITY  INTERNET  ACCESS  AS  OF THE EFFECTIVE DATE OF THIS ARTICLE AND
 CONTINUES TO LACK HIGH-QUALITY INTERNET ACCESS, AND FOR WHOM A GRANT  OF
 PERMISSION HAS BEEN RETURNED PURSUANT TO THIS SECTION, WITH HIGH-QUALITY
 INTERNET  ACCESS  ON A CONTINUAL BASIS AT THE RESIDENCE OF SUCH ELIGIBLE
 STUDENT, WHETHER SUCH RESIDENCE  IS  TEMPORARY  OR  PERMANENT,  IN  SUCH
 MANNER  AS  SHALL  BE DEEMED APPROPRIATE BY SUCH PUBLIC SCHOOL DISTRICT,
 BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR ELIGIBLE SCHOOL, AS APPRO-
 PRIATE; AND
   (B) THE CHANCELLOR SHALL BE AUTHORIZED TO  ENTER  INTO  AGREEMENTS  TO
 PROVIDE  EACH  ELIGIBLE STUDENT ENROLLED AT AN ELIGIBLE SCHOOL UNDER THE
 JURISDICTION OF THE NEW YORK CITY DEPARTMENT OF EDUCATION  WHO  DID  NOT
 HAVE  HIGH-QUALITY INTERNET ACCESS AS OF THE EFFECTIVENESS OF THIS ARTI-
 CLE AND CONTINUES TO LACK HIGH-QUALITY INTERNET ACCESS, AND FOR  WHOM  A
 GRANT  OF  PERMISSION  HAS  BEEN RETURNED PURSUANT TO THIS SECTION, WITH
 HIGH-QUALITY INTERNET ACCESS ON A CONTINUAL BASIS AT  THE  RESIDENCE  OF
 SUCH ELIGIBLE STUDENT, WHETHER SUCH RESIDENCE IS TEMPORARY OR PERMANENT,
 IN SUCH MANNER AS SHALL BE DEEMED APPROPRIATE BY THE CHANCELLOR.
   2.  IN SATISFYING THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION,
 PUBLIC SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, THE
 CHANCELLOR AND THE ELIGIBLE SCHOOLS SET FORTH IN SUBDIVISION ONE OF THIS
 SECTION ARE AUTHORIZED AND DIRECTED TO COORDINATE THE PROVISION OF HIGH-
 QUALITY INTERNET ACCESS IN COLLABORATION WITH COMMUNITY-BASED  ORGANIZA-
 TIONS, THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, THE OFFICE
 OF  CHILDREN  AND FAMILY SERVICES, THE STATE UNIVERSITY OF NEW YORK, THE
 DEPARTMENT OF CORRECTIONS  AND  COMMUNITY  SUPERVISION,  THE  OFFICE  OF
 TEMPORARY  AND DISABILITY ASSISTANCE, THE DEPARTMENT OF HEALTH, AND SUCH
 OTHER PERSONS OR ENTITIES AS MAY BE APPROPRIATE, INCLUDING PARTIES  WITH
 AN  INTEREST  IN  THE RESIDENCE OF AN ELIGIBLE STUDENT, SUCH AS HOMELESS
 SHELTERS, LANDLORDS, AND MANUFACTURED HOME PARKS.

 S. 2508--B                         210
 
   § 435. PROVISION OF HIGH-QUALITY INTERNET ACCESS TO ELIGIBLE  SCHOOLS.
 UPON  APPROVAL OF THE ALLOCATION OF THE E-LEARN FUND PURSUANT TO SECTION
 FOUR HUNDRED THIRTY-TWO OF THIS ARTICLE:
   1.  EACH PUBLIC SCHOOL DISTRICT SHALL CONTRACT FOR HIGH-QUALITY INTER-
 NET ACCESS ON A CONTINUAL BASIS AT EACH SCHOOL DISTRICT BUILDING AND FOR
 ALL ELIGIBLE SCHOOLS UNDER SUCH PUBLIC  SCHOOL  DISTRICT'S  JURISDICTION
 SUFFICIENT TO SUPPORT ALL INSTRUCTIONAL AND ADMINISTRATIVE OPERATIONS OF
 SUCH PUBLIC SCHOOL DISTRICT AND SUCH ELIGIBLE SCHOOLS TO THE EXTENT THAT
 SUCH  BUILDINGS  AND ELIGIBLE SCHOOLS DID NOT HAVE HIGH-QUALITY INTERNET
 ACCESS AS OF THE EFFECTIVE DATE OF THIS ARTICLE  AND  CONTINUE  TO  LACK
 HIGH-QUALITY INTERNET ACCESS;
   2.  EACH  BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL CONTRACT FOR
 HIGH-QUALITY INTERNET ACCESS ON A CONTINUAL BASIS AT EACH SUCH BOARD  OF
 COOPERATIVE  EDUCATIONAL  SERVICES BUILDING AND FOR ALL ELIGIBLE SCHOOLS
 UNDER SUCH  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES'  JURISDICTION
 SUFFICIENT TO SUPPORT ALL INSTRUCTIONAL AND ADMINISTRATIVE OPERATIONS OF
 SUCH BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND SUCH ELIGIBLE SCHOOLS
 TO  THE  EXTENT  THAT  SUCH  BUILDINGS AND ELIGIBLE SCHOOLS DID NOT HAVE
 HIGH-QUALITY INTERNET ACCESS AS OF THE EFFECTIVE DATE  OF  THIS  ARTICLE
 AND CONTINUE TO LACK HIGH-QUALITY INTERNET ACCESS;
   3. THE CHANCELLOR SHALL CONTRACT FOR HIGH-QUALITY INTERNET ACCESS ON A
 CONTINUAL  BASIS  AT EACH NEW YORK CITY DEPARTMENT OF EDUCATION BUILDING
 AND FOR ALL ELIGIBLE SCHOOLS UNDER THE JURISDICTION OF THE NEW YORK CITY
 DEPARTMENT OF EDUCATION SUFFICIENT  TO  SUPPORT  ALL  INSTRUCTIONAL  AND
 ADMINISTRATIVE  OPERATIONS  OF THE NEW YORK CITY DEPARTMENT OF EDUCATION
 AND SUCH ELIGIBLE SCHOOLS TO THE EXTENT THAT SUCH BUILDINGS AND ELIGIBLE
 SCHOOLS DID NOT HAVE HIGH-QUALITY INTERNET ACCESS AS  OF  THE  EFFECTIVE
 DATE  OF THIS ARTICLE AND CONTINUE TO LACK HIGH-QUALITY INTERNET ACCESS;
 AND
   4. EACH NON-PUBLIC SCHOOL, CHARTER  SCHOOL,  APPROVED  PRIVATE  SCHOOL
 SERVING  STUDENTS  WITH  DISABILITIES  SUBJECT  TO ARTICLE EIGHTY-ONE OR
 EIGHTY-NINE OF THIS CHAPTER, STATE SUPPORTED SCHOOL SUBJECT  TO  ARTICLE
 EIGHTY-FIVE OF THIS CHAPTER, OR STATE OPERATED SCHOOL SUBJECT TO ARTICLE
 EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER WHICH IS AN ELIGIBLE SCHOOL
 SHALL  CONTRACT FOR HIGH-QUALITY INTERNET ACCESS ON A CONTINUAL BASIS AT
 SUCH ELIGIBLE SCHOOL SUFFICIENT TO SUPPORT ALL INSTRUCTIONAL AND  ADMIN-
 ISTRATIVE  OPERATIONS  OF  SUCH  ELIGIBLE SCHOOL TO THE EXTENT THAT SUCH
 BUILDINGS AND ELIGIBLE SCHOOLS DID NOT HAVE HIGH-QUALITY INTERNET ACCESS
 AS OF THE EFFECTIVE DATE OF THIS ARTICLE AND CONTINUE TO LACK HIGH-QUAL-
 ITY INTERNET ACCESS.
   § 436. PAYMENT OF COSTS AND  EXPENSES.  1.  PUBLIC  SCHOOL  DISTRICTS,
 BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, THE NEW YORK CITY DEPARTMENT
 OF  EDUCATION,  NON-PUBLIC  SCHOOLS,  CHARTER  SCHOOLS, APPROVED PRIVATE
 SCHOOLS SERVING STUDENTS WITH DISABILITIES SUBJECT TO ARTICLE EIGHTY-ONE
 OR EIGHTY-NINE OF THIS CHAPTER, STATE SUPPORTED SCHOOLS SUBJECT TO ARTI-
 CLE EIGHTY-FIVE OF THIS CHAPTER, STATE OPERATED SCHOOLS SUBJECT TO ARTI-
 CLE EIGHTY-SEVEN  OR  EIGHTY-EIGHT  OF  THIS  CHAPTER,  AND  PERSONS  IN
 PARENTAL  RELATION  TO ELIGIBLE STUDENTS WHO ARE PROVIDING HOME INSTRUC-
 TION IN COMPLIANCE WITH PART ONE OF ARTICLE SIXTY-FIVE OF  THIS  CHAPTER
 AND APPLICABLE REGULATIONS SHALL SUBMIT TO THE DEPARTMENT:
   (A) FOR REIMBURSEMENT, SUCH RECEIPTS AND OTHER APPROPRIATE EVIDENCE OF
 COSTS  AND  EXPENSES INCURRED IN SATISFYING THE REQUIREMENTS OF SECTIONS
 FOUR HUNDRED THIRTY-FOUR AND FOUR HUNDRED THIRTY-FIVE OF  THIS  ARTICLE;
 AND
   (B)  FOR DIRECT PAYMENT OUT OF AMOUNTS IN THE E-LEARN FUND ESTABLISHED
 IN SECTION NINETY-FIVE-J OF THE STATE FINANCE LAW,  EVIDENCE  OF  UNPAID

 S. 2508--B                         211
 
 COSTS  AND  RELATED PAYMENT INSTRUCTIONS, FOR GOODS OR SERVICES OBTAINED
 IN SATISFYING THE REQUIREMENTS OF SECTIONS FOUR HUNDRED THIRTY-FOUR  AND
 FOUR HUNDRED THIRTY-FIVE OF THIS ARTICLE.
   2.  THE  DEPARTMENT  SHALL SUBMIT SUCH DOCUMENTATION NECESSARY FOR THE
 COMPTROLLER TO MAKE SUCH REIMBURSEMENTS AND PAYMENTS OUT OF THE  E-LEARN
 FUND.
   §  437. COLLABORATION. THE DEPARTMENT, PUBLIC SCHOOL DISTRICTS, BOARDS
 OF  COOPERATIVE  EDUCATIONAL  SERVICES,  THE  CHANCELLOR,  AND  ELIGIBLE
 SCHOOLS,  AS  APPROPRIATE,  IN  FULFILLING  THE OBLIGATIONS SET FORTH IN
 SECTIONS FOUR HUNDRED THIRTY-FOUR AND FOUR HUNDRED THIRTY-FIVE  OF  THIS
 ARTICLE,  SHALL  MAKE  REASONABLE EFFORTS TO COLLABORATE WITH COMMUNITY-
 BASED ORGANIZATIONS WITH EXPERTISE IN INTERNET ACCESS TO FACILITATE  THE
 PROVISION  OF  HIGH-QUALITY  INTERNET  ACCESS  TO  ELIGIBLE STUDENTS AND
 ELIGIBLE SCHOOLS, INCLUDING ELIGIBLE STUDENTS RESIDING IN NON-TRADITION-
 AL PLACES OF RESIDENCE.
   § 438. COOPERATION OF THIRD PARTIES. EVERY  TELECOMMUNICATION  SERVICE
 PROVIDER,  LANDLORD,  BUILDING  MANAGER,  OR ANY OTHER INDIVIDUAL HAVING
 RESPONSIBILITY FOR THE CARE AND CONTROL OF A PREMISES WHICH IS  A  RESI-
 DENCE  OR  DOMICILE  OF  ANY ELIGIBLE STUDENT, WHETHER SUCH RESIDENCE OR
 DOMICILE IS TEMPORARY OR PERMANENT, SHALL COOPERATE WITH THE EFFORTS  OF
 PUBLIC  SCHOOL  DISTRICTS, BOARDS OF COOPERATIVE EDUCATION, THE CHANCEL-
 LOR, ELIGIBLE SCHOOLS, AND  ELIGIBLE  STUDENTS  AND  THEIR  FAMILIES  TO
 SATISFY  THE  REQUIREMENTS  OF  SECTION FOUR HUNDRED THIRTY-FOUR OF THIS
 ARTICLE BY, WHERE APPROPRIATE, BEING AVAILABLE AT  REASONABLE  TIMES  TO
 COMMUNICATE REGARDING PROVISION OF HIGH-QUALITY INTERNET ACCESS, PROVID-
 ING  REASONABLE  ACCESS  TO  BUILDINGS OR OTHER STRUCTURES, FACILITATING
 INSTALLATION OF TECHNOLOGIES NECESSARY TO PROVIDE HIGH-QUALITY  INTERNET
 ACCESS  AND  TAKING SUCH OTHER COOPERATIVE MEASURES AS MAY REASONABLY BE
 REQUESTED.
   § 439. REQUIREMENTS. THE REQUIREMENTS OF THIS  ARTICLE  SHALL  NOT  BE
 QUALIFIED  BY  THE DIFFICULTY OR COST OF PROVIDING HIGH-QUALITY INTERNET
 ACCESS TO ANY PARTICULAR ELIGIBLE STUDENT OR ELIGIBLE SCHOOL, NOR  SHALL
 ANY  ELIGIBLE  STUDENT  OR ELIGIBLE SCHOOL BE PRIORITIZED OVER ANY OTHER
 ELIGIBLE STUDENT OR ELIGIBLE SCHOOL BY REASON OF ANY SUCH DIFFICULTY  OR
 COST.
   §  4.  The tax law is amended by adding a new section 186-h to read as
 follows:
   § 186-H. DUTIES OF THE DEPARTMENT UNDER THE E-LEARN PROGRAM. 1.  DEFI-
 NITIONS. FOR THE PURPOSES OF THIS SECTION:
   (A)  "TELECOMMUNICATION  SERVICE  PROVIDER"  MEANS  A  BUSINESS   THAT
 PROVIDES BROADBAND INTERNET ACCESS SERVICE IN THE STATE.
   (B)  "E-LEARN FUND" SHALL MEAN THE FUND ESTABLISHED IN SECTION NINETY-
 FIVE-J OF THE STATE FINANCE LAW.
   (C) "ASSESSMENT RATE" MEANS THE PERCENTAGE RATE WHICH WHEN  MULTIPLIED
 BY  EACH  TELECOMMUNICATION  SERVICE  PROVIDER'S  TOTAL GROSS INTRASTATE
 TELECOMMUNICATION REVENUE FOR THE PRIOR CALENDAR YEAR, OR IF SUCH REVEN-
 UE IS UNAVAILABLE, THE MOST RECENT CALENDAR YEAR FOR WHICH SUCH  REVENUE
 IS  AVAILABLE,  WHICH  DETERMINES THAT PROVIDER'S ANNUAL CONTRIBUTION TO
 THE E-LEARN FUND, DETERMINED BY THE DEPARTMENT IN CONSULTATION WITH  THE
 STATE  EDUCATION  DEPARTMENT  TO  BE SUFFICIENT IN AMOUNT TO PROVIDE FOR
 ACQUISITION OF HIGH-QUALITY INTERNET ACCESS PURSUANT TO  ARTICLE  NINE-A
 OF THE EDUCATION LAW, TAKING INTO ACCOUNT FOR ANY SCHOOL YEAR SUBSEQUENT
 TO  THE  TWO  THOUSAND  TWENTY--TWO  THOUSAND TWENTY-ONE SCHOOL YEAR ANY
 EXCESS AMOUNTS REMAINING IN THE E-LEARN FUND FROM THE PRIOR YEAR  PURSU-
 ANT  TO  SUBDIVISION  FIVE OF SECTION NINETY-FIVE-J OF THE STATE FINANCE
 LAW.

 S. 2508--B                         212
 
   2. CONTRIBUTION. ALL TELECOMMUNICATION SERVICE PROVIDERS OPERATING  IN
 THE  STATE  SHALL  CONTRIBUTE TO THE PRESERVATION AND ADVANCEMENT OF THE
 E-LEARN FUND IN THE MANNER SET FORTH IN THIS SECTION. ANY SUCH  CONTRIB-
 UTION  SHALL NOT BE PASSED THROUGH IN WHOLE OR IN PART AS A FEE, CHARGE,
 INCREASED  SERVICE  COST,  OR  BY ANY OTHER MEANS BY A TELECOMMUNICATION
 SERVICE PROVIDER TO ANY PERSON OR  CUSTOMER  THAT  CONTRACTS  WITH  SUCH
 TELECOMMUNICATION SERVICE PROVIDER FOR SERVICE.
   3.  ANNUAL CHARGE. (A) THE DEPARTMENT SHALL ASSESS AN ANNUAL CHARGE ON
 EACH TELECOMMUNICATION SERVICE  PROVIDER  IN  AN  AMOUNT  EQUAL  TO  THE
 ASSESSMENT  RATE  MULTIPLIED BY THE TELECOMMUNICATION SERVICE PROVIDER'S
 TOTAL GROSS INTRASTATE TELECOMMUNICATION REVENUE FOR THE PRIOR  CALENDAR
 YEAR,  OR  IF SUCH REVENUE IS UNAVAILABLE, THE MOST RECENT CALENDAR YEAR
 FOR WHICH SUCH REVENUE IS AVAILABLE. THE DEPARTMENT  SHALL  COLLECT  AND
 DEPOSIT  SUCH AMOUNTS INTO A SEGREGATED ACCOUNT WHICH SHALL SUBSEQUENTLY
 BE TRANSFERRED TO E-LEARN FUND ESTABLISHED IN SECTION  NINETY-FIVE-J  OF
 THE STATE FINANCE LAW. ALL SUCH AMOUNTS SHALL BE KEPT SEPARATE AND SHALL
 NOT BE COMMINGLED WITH ANY OTHER MONEYS COLLECTED BY THE DEPARTMENT.
   (B)  SUCH  ANNUAL  CHARGE  SHALL BE ASSESSED ON AND COLLECTED FROM ALL
 TELECOMMUNICATION SERVICE PROVIDERS OPERATING IN THE STATE AS  OF  APRIL
 FIRST,  JULY  FIRST,  OCTOBER  FIRST,  AND  JANUARY  FIRST OF EACH YEAR,
 PROVIDED THAT THE INITIAL ANNUAL CHARGE FOR  FISCAL  YEAR  TWO  THOUSAND
 TWENTY  SHALL BE ASSESSED AND COLLECTED AS OF DECEMBER THIRTY-FIRST, TWO
 THOUSAND TWENTY.
   (C) AMOUNTS COLLECTED FROM TELECOMMUNICATION SERVICE  PROVIDERS  SHALL
 BE  TRANSFERRED  BY  THE DEPARTMENT OF TAXATION AND FINANCE TO THE STATE
 COMPTROLLER TO BE DEPOSITED IN THE E-LEARN FUND WITHIN THIRTY DAYS AFTER
 EACH COLLECTION DEADLINE.
   (D) FAILURE OF A TELECOMMUNICATION SERVICE  PROVIDER  TO  MAKE  TIMELY
 PAYMENT  UNDER  THIS  SECTION  WILL RESULT IN THE LEVY OF A LATE PAYMENT
 CHARGE OF ONE AND ONE-HALF PERCENT PER MONTH PRO RATA PER  DIEM  ON  THE
 DELINQUENT CONTRIBUTION.
   (E)  IF  A  TELECOMMUNICATION  SERVICE  PROVIDER'S CONTRIBUTION TO THE
 E-LEARN FUND IN A GIVEN FISCAL YEAR  IS  LESS  THAN  ONE  HUNDRED  FIFTY
 DOLLARS  SUCH TELECOMMUNICATION SERVICE PROVIDER WILL NOT BE REQUIRED TO
 PAY A CONTRIBUTION FOR SUCH YEAR.
   4. REQUIREMENTS. THE REQUIREMENTS  OF  THIS  SECTION,  INCLUDING  WITH
 RESPECT TO DETERMINATIONS OF THE ASSESSMENT RATE, SHALL NOT BE QUALIFIED
 BY THE DIFFICULTY OR COST OF PROVIDING  HIGH-QUALITY INTERNET ACCESS  TO
 ANY  PARTICULAR  ELIGIBLE  STUDENT OR ELIGIBLE SCHOOL, AS SUCH TERMS ARE
 DEFINED IN SECTION FOUR HUNDRED THIRTY OF THE EDUCATION LAW,  NOR  SHALL
 ANY  ELIGIBLE STUDENT OR ELIGIBLE SCHOOL BE PRIORITIZED  OVER  ANY OTHER
 ELIGIBLE  STUDENT OR ELIGIBLE SCHOOL BY REASON OF ANY SUCH DIFFICULTY OR
 COST.
   § 5. The state finance law is amended by adding a new section 95-j  to
 read as follows:
   §  95-J.  E-LEARN  FUND. 1.   THERE IS HEREBY ESTABLISHED IN THE JOINT
 CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND  FINANCE
 THE E-LEARN FUND TO ENSURE THE PROVISION OF HIGH-QUALITY INTERNET ACCESS
 TO  ELIGIBLE  SCHOOLS  AND  ELIGIBLE  STUDENTS  IN THE STATE THROUGH THE
 PROGRAM SET FORTH IN ARTICLE NINE-A OF THE EDUCATION LAW.
   2. THE E-LEARN FUND SHALL CONSIST OF ALL MONEYS REQUIRED TO BE  DEPOS-
 ITED  IN  THE  E-LEARN  FUND  PURSUANT  TO THE PROVISIONS OF SECTION ONE
 HUNDRED EIGHTY-SIX-H OF THE TAX LAW.
   3. THE MONEYS IN THE E-LEARN FUND SHALL BE KEPT SEPARATE AND SHALL NOT
 BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF  THE  STATE  COMP-
 TROLLER.

 S. 2508--B                         213
 
   4.  THE  MONEYS  IN  THE  E-LEARN FUND SHALL BE DISBURSED, UPON PROPER
 APPLICATION MADE TO THE STATE COMMISSIONER OF EDUCATION BY PUBLIC SCHOOL
 DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, THE NEW YORK CITY
 DEPARTMENT OF EDUCATION, NON-PUBLIC SCHOOLS,  CHARTER  SCHOOLS,  SPECIAL
 ACT SCHOOLS, APPROVED PRIVATE SCHOOLS SERVING STUDENTS WITH DISABILITIES
 SUBJECT TO ARTICLE EIGHTY-ONE OR EIGHTY-NINE OF THE EDUCATION LAW, STATE
 SUPPORTED  SCHOOLS  SUBJECT TO ARTICLE EIGHTY-FIVE OF THE EDUCATION LAW,
 STATE OPERATED SCHOOLS SUBJECT TO ARTICLE EIGHTY-SEVEN  OR  EIGHTY-EIGHT
 OF  THE  EDUCATION  LAW,  AND  PERSONS  IN PARENTAL RELATION TO ELIGIBLE
 STUDENTS WHO ARE PROVIDING HOME INSTRUCTION IN COMPLIANCE WITH PART  ONE
 OF  ARTICLE  SIXTY-FIVE  OF  THE EDUCATION LAW AND SECTION 100.10 OF THE
 NYCRR, AS APPLICABLE, FOR THE PURPOSES OF PROVIDING COST-FREE HIGH-QUAL-
 ITY INTERNET ACCESS TO ELIGIBLE STUDENTS AND ELIGIBLE SCHOOLS IN ACCORD-
 ANCE WITH ARTICLE NINE-A OF THE EDUCATION  LAW  AND  FOR  COSTS  OF  THE
 DEPARTMENT  OF EDUCATION, THE DEPARTMENT OF TAXATION AND FINANCE AND THE
 COMPTROLLER'S OFFICE TO ADMINISTER THE E-LEARN FUND  AND  IMPLEMENT  THE
 E-LEARN PROGRAM.
   5.  TO  THE  EXTENT  AMOUNTS  RECEIVED  FROM TELECOMMUNICATION SERVICE
 PROVIDERS IN ANY GIVEN FISCAL YEAR EXCEED AN AMOUNT EQUAL TO THE  AGGRE-
 GATE DISBURSEMENTS FROM THE E-LEARN FUND REQUIRED TO BE MADE PURSUANT TO
 ARTICLE  NINE-A  OF THE EDUCATION LAW PLUS THE COST OF ADMINISTERING THE
 E-LEARN FUND AND IMPLEMENTING THE E-LEARN PROGRAM,  THE  EXCESS  AMOUNTS
 SHALL REMAIN IN THE E-LEARN FUND FOR USE IN THE SUBSEQUENT FISCAL YEAR.
   6.  THE  REQUIREMENTS  OF  THIS  SECTION SHALL NOT BE QUALIFIED BY THE
 DIFFICULTY OR COST OF PROVIDING  HIGH-QUALITY  INTERNET  ACCESS  TO  ANY
 PARTICULAR  ELIGIBLE  STUDENT OR ELIGIBLE SCHOOL, NOR SHALL ANY ELIGIBLE
 STUDENT OR ELIGIBLE  SCHOOL  BE  PRIORITIZED  OVER  ANY  OTHER  ELIGIBLE
 STUDENT OR ELIGIBLE SCHOOL BY REASON OF ANY SUCH DIFFICULTY OR COST.
   §  6.  The article heading of article 11 of the public service law, as
 added by chapter 83 of the laws of 1995, is amended to read as follows:
             PROVISIONS RELATING TO CABLE TELEVISION COMPANIES
                  AND TELECOMMUNICATION SERVICE PROVIDERS
   § 7. The public service law is amended by adding a new  section  224-c
 to read as follows:
   §  224-C.  REIMBURSEMENT  BY  TELECOMMUNICATION  SERVICE  PROVIDERS OF
 ELIGIBLE STUDENTS AND ELIGIBLE SCHOOLS WITH CURRENT HIGH-QUALITY  INTER-
 NET  ACCESS.  1. FOR THE PURPOSES OF THIS SECTION: (A) "BROADBAND INTER-
 NET ACCESS SERVICE" MEANS A SERVICE PROVIDED BY WIRE  OR  RADIO  IN  NEW
 YORK STATE THAT PROVIDES THE CAPABILITY TO TRANSMIT DATA TO, AND RECEIVE
 DATA  FROM,  ALL  OR SUBSTANTIALLY ALL INTERNET ENDPOINTS, INCLUDING ANY
 CAPABILITIES THAT ARE INCIDENTAL TO AND  ENABLE  THE  OPERATION  OF  THE
 COMMUNICATIONS  SERVICE,  BUT EXCLUDING DIAL-UP INTERNET ACCESS SERVICE.
 BROADBAND INTERNET ACCESS SERVICE ALSO ENCOMPASSES ANY SERVICE  PROVIDED
 IN  NEW YORK STATE THAT PROVIDES A FUNCTIONAL EQUIVALENT OF THAT SERVICE
 OR THAT IS USED TO EVADE THE PROVISIONS SET FORTH IN THIS SECTION.
   (B) "ELIGIBLE SCHOOL" MEANS A PUBLIC SCHOOL, NON-PUBLIC SCHOOL,  CHAR-
 TER SCHOOL, SPECIAL ACT SCHOOL, APPROVED PRIVATE SCHOOL SERVING STUDENTS
 WITH  DISABILITIES  SUBJECT  TO ARTICLE EIGHTY-ONE OR EIGHTY-NINE OF THE
 EDUCATION LAW, STATE SUPPORTED SCHOOL SUBJECT TO ARTICLE EIGHTY-FIVE  OF
 THE  EDUCATION  LAW, OR STATE OPERATED SCHOOL SUBJECT TO ARTICLE EIGHTY-
 SEVEN OR EIGHTY-EIGHT  OF  THE  EDUCATION  LAW,  IN  EACH  CASE  SERVING
 STUDENTS BETWEEN FIVE AND TWENTY-ONE YEARS OF AGE.
   (C)  "ELIGIBLE STUDENT" MEANS A STUDENT WHO IS A RESIDENT OF THE STATE
 BETWEEN FIVE AND TWENTY-ONE YEARS OF AGE WHO IS ENROLLED IN AN  ELIGIBLE
 SCHOOL  OR  WHO IS PROVIDED HOME INSTRUCTION IN COMPLIANCE WITH PART ONE
 OF ARTICLE SIXTY-FIVE OF THE EDUCATION LAW AND APPLICABLE REGULATIONS.

 S. 2508--B                         214
 
   (D) "HIGH-QUALITY INTERNET ACCESS" MEANS, WITH  RESPECT  TO  BROADBAND
 INTERNET  ACCESS  SERVICE PROVIDED TO AN ELIGIBLE STUDENT, UNINTERRUPTED
 BROADBAND INTERNET ACCESS SERVICE WHICH IS NOT LIMITED TO  ONE  OR  MORE
 PARTICULAR  DEVICES AND WHICH PROVIDES ACTUAL AND STABLE DOWNLOAD SPEEDS
 OF  AT LEAST 25 MEGABITS PER SECOND (MBPS) AND UPLOAD SPEEDS OF AT LEAST
 3 MBPS AT ALL TIMES, AND, WITH  RESPECT  TO  BROADBAND  INTERNET  ACCESS
 SERVICE  PROVIDED  TO  AN  ELIGIBLE  SCHOOL,  ACTUAL AND STABLE DOWNLOAD
 SPEEDS OF AT LEAST 1 MBPS PER ENROLLED STUDENT AND UPLOAD SPEEDS  OF  AT
 LEAST 1 MBPS PER ENROLLED STUDENT AT ALL TIMES.
   (E) "STATE EDUCATION DEPARTMENT" MEANS THE EDUCATION DEPARTMENT OF THE
 STATE OF NEW YORK.
   (F)   "TELECOMMUNICATION  SERVICE  PROVIDER"  MEANS  A  BUSINESS  THAT
 PROVIDES BROADBAND INTERNET ACCESS SERVICE IN THIS STATE.
   2. IN FULFILLING THE REQUIREMENTS  OF  THE  E-LEARN  FUND  APPLICATION
 PROCESS  PURSUANT  TO  ARTICLE  NINE-A  OF  THE EDUCATION LAW, THE STATE
 EDUCATION DEPARTMENT SHALL:
   (A) PROVIDE INFORMATION OBTAINED  PURSUANT  TO  SECTION  FOUR  HUNDRED
 THIRTY-THREE  OF  THE  EDUCATION  LAW  REGARDING THOSE ELIGIBLE STUDENTS
 ALREADY RECEIVING HIGH-QUALITY INTERNET ACCESS AS OF THE EFFECTIVE  DATE
 OF  THIS  SECTION  TO  THE  DEPARTMENT OF PUBLIC SERVICE FOR PURPOSES OF
 SUBDIVISION FOUR OF THIS SECTION; AND
   (B) COORDINATE WITH PUBLIC SCHOOL  DISTRICTS,  BOARDS  OF  COOPERATIVE
 EDUCATIONAL SERVICES, THE NEW YORK CITY DEPARTMENT OF EDUCATION, NONPUB-
 LIC  SCHOOLS,  CHARTER  SCHOOLS,  SPECIAL  ACT SCHOOLS, APPROVED PRIVATE
 SCHOOLS SERVING STUDENTS WITH DISABILITIES SUBJECT TO ARTICLE EIGHTY-ONE
 OR EIGHTY-NINE OF THE EDUCATION LAW, STATE SUPPORTED SCHOOLS SUBJECT  TO
 ARTICLE  EIGHTY-FIVE  OF  THE  EDUCATION LAW, AND STATE OPERATED SCHOOLS
 SUBJECT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THE EDUCATION LAW  AS
 APPLICABLE  TO  IDENTIFY  THOSE  ELIGIBLE  SCHOOLS  AND SCHOOL BUILDINGS
 ALREADY RECEIVING HIGH-QUALITY INTERNET ACCESS AS OF THE EFFECTIVE  DATE
 OF  THIS  SECTION,  AND  PROVIDE  SUCH  INFORMATION TO THE DEPARTMENT OF
 PUBLIC SERVICE FOR PURPOSES OF SUBDIVISION FIVE OF THIS SECTION.
   3.  THE  DEPARTMENT  SHALL  PROVIDE  INFORMATION  REGARDING   ELIGIBLE
 STUDENTS  AND ELIGIBLE SCHOOLS OBTAINED FROM THE STATE EDUCATION DEPART-
 MENT PURSUANT TO SUBDIVISION TWO OF  THIS  SECTION  TO  THE  APPROPRIATE
 TELECOMMUNICATION  SERVICE  PROVIDERS  PROVIDING  HIGH-QUALITY  INTERNET
 ACCESS TO THE APPLICABLE ELIGIBLE  STUDENTS  AND  ELIGIBLE  SCHOOLS  FOR
 PURPOSES  FULFILLING  THE  REQUIREMENTS OF SUBDIVISIONS FOUR AND FIVE OF
 THIS SECTION.
   4. WITH RESPECT TO EACH ELIGIBLE STUDENT WHO WAS RECEIVING HIGH-QUALI-
 TY INTERNET ACCESS AS OF THE EFFECTIVE DATE OF THIS SECTION AND FOR WHOM
 A GRANT OF PERMISSION HAS BEEN RETURNED PURSUANT TO SUBDIVISION  ONE  OF
 SECTION FOUR HUNDRED THIRTY-THREE OF THE EDUCATION LAW, THE TELECOMMUNI-
 CATION  SERVICE  PROVIDER  UNDER  CONTRACT  TO PROVIDE SUCH HIGH-QUALITY
 INTERNET ACCESS SHALL, IN GOOD FAITH,  CONTINUE  TO  PROVIDE  SUCH  SAME
 SERVICE  UNDER  SUCH  SAME CONTRACT, SUBJECT TO THOSE TERMS OF SUCH SAME
 CONTRACT WHICH DO NOT ABROGATE THE PROVISIONS OF THIS SECTION. THE COSTS
 FOR SUCH HIGH-QUALITY INTERNET ACCESS SHALL BE REDUCED BY THE APPLICABLE
 TELECOMMUNICATION SERVICE PROVIDER (BUT NOT BELOW  ZERO)  BY  AN  AMOUNT
 EQUAL  TO THE AVERAGE EXPENSE PER ELIGIBLE STUDENT OF PROVIDING ELIGIBLE
 STUDENTS WITH HIGH-QUALITY INTERNET  ACCESS  PURSUANT  TO  SECTION  FOUR
 HUNDRED THIRTY-FOUR OF THE EDUCATION LAW.
   5. WITH RESPECT TO EACH ELIGIBLE SCHOOL WHICH WAS RECEIVING HIGH-QUAL-
 ITY  INTERNET ACCESS AS OF THE EFFECTIVE DATE OF THIS SECTION, THE TELE-
 COMMUNICATION SERVICE PROVIDER UNDER CONTRACT TO PROVIDE SUCH HIGH-QUAL-
 ITY INTERNET ACCESS SHALL CONTINUE TO PROVIDE SUCH  SAME  SERVICE  UNDER

 S. 2508--B                         215
 
 SUCH  SAME  CONTRACT, SUBJECT TO THOSE TERMS OF SUCH SAME CONTRACT WHICH
 DO NOT ABROGATE THE PROVISIONS OF THIS SECTION. THE COSTS FOR SUCH HIGH-
 QUALITY INTERNET ACCESS SHALL BE REDUCED BY THE APPLICABLE  TELECOMMUNI-
 CATION  SERVICE  PROVIDER (BUT NOT BELOW ZERO) BY AN AMOUNT EQUAL TO THE
 AVERAGE EXPENSE PER ELIGIBLE SCHOOL OF PROVIDING ELIGIBLE  SCHOOLS  WITH
 HIGH-QUALITY  INTERNET  ACCESS  PURSUANT TO SECTION FOUR HUNDRED THIRTY-
 FIVE OF THE EDUCATION LAW.
   6. NO TELECOMMUNICATION SERVICE PROVIDER MAY PASS THROUGH IN WHOLE  OR
 IN  PART AS A FEE, CHARGE, INCREASED SERVICE COST, OR BY ANY OTHER MEANS
 TO ANY PERSON OR CUSTOMER THAT  CONTRACTS  WITH  SUCH  TELECOMMUNICATION
 SERVICE  PROVIDER  ANY  COST  INCURRED BY SUCH TELECOMMUNICATION SERVICE
 PROVIDER IN FULFILLING THE REQUIREMENTS OF SUBDIVISION FOUR OR  FIVE  OF
 THIS SECTION.
   7. NO TELECOMMUNICATION SERVICE PROVIDER MAY DISCRIMINATE OR OTHERWISE
 CONFER  ADVANTAGE  OR  DISADVANTAGE  IN RESPECT OF ITS OBLIGATIONS UNDER
 THIS SECTION ON THE BASIS OF WHETHER AN  ELIGIBLE  STUDENT  OR  ELIGIBLE
 SCHOOL HAS FAILED TO TIMELY MAKE ANY PAYMENTS UNDER A CONTRACT WITH SUCH
 TELECOMMUNICATION SERVICE PROVIDER.
   8.  THE  REQUIREMENTS  OF  THIS  SECTION SHALL NOT BE QUALIFIED BY THE
 DIFFICULTY OR COST OF REDUCING THE  COSTS  OF  ANY  PARTICULAR  ELIGIBLE
 STUDENT  OR ELIGIBLE SCHOOL OR THE DIFFICULTY OR COST OF PROVIDING HIGH-
 QUALITY INTERNET ACCESS TO ANY PARTICULAR ELIGIBLE STUDENT  OR  ELIGIBLE
 SCHOOL, NOR SHALL ANY ELIGIBLE STUDENT OR ELIGIBLE SCHOOL BE PRIORITIZED
 OVER ANY OTHER ELIGIBLE STUDENT OR ELIGIBLE SCHOOL BY REASON OF ANY SUCH
 DIFFICULTY OR COST.
   § 8. Severability. If any clause, sentence, paragraph, section or part
 of  this act shall be adjudged by any court of competent jurisdiction to
 be invalid, after exhaustion of all further judicial review,  the  judg-
 ment  shall  not affect, impair or invalidate the remainder thereof, but
 shall be confined in its operation to the clause,  sentence,  paragraph,
 section  or  part  of  this  act directly involved in the controversy in
 which the judgment shall have been rendered.
   § 9. This act shall take effect immediately, and shall expire  and  be
 deemed repealed on the last day of the school year in which the state of
 emergency declared pursuant to executive order 202 of 2020 terminates.
 
                                 PART GGG

   Section  1. Sections 15-a and 15-b of part F of chapter 60 of the laws
 of 2015, as added by section 5 of part DD of chapter 58 of the  laws  of
 2020, are amended to read as follows:
   §  15-a.  Any contract awarded pursuant to this act shall be deemed to
 be awarded pursuant to a competitive procurement for purposes of section
 2879 of the public authorities law, PROVIDED THAT ALL CONTRACTS  AWARDED
 SHALL REQUIRE A PUBLIC EMPLOYEE OR PUBLIC EMPLOYEES, AS DEFINED BY PARA-
 GRAPH  (A)  OF SUBDIVISION 7 OF SECTION 201 OF THE CIVIL SERVICE LAW AND
 WHO ARE EMPLOYED BY AUTHORIZED ENTITIES AS DEFINED BY PARAGRAPH  (I)  OF
 SUBDIVISION  (A)  OF  SECTION  TWO OF THIS ACT, TO BE ON THE SITE OF THE
 PROJECT FOR THE DURATION OF SUCH PROJECT TO THE EXTENT DEEMED  APPROPRI-
 ATE  BY  SUCH  PUBLIC  EMPLOYEE OR EMPLOYEES. SUCH REQUIREMENT SHALL NOT
 LIMIT CONTRACTORS' OBLIGATIONS UNDER  DESIGN-BUILD  CONTRACTS  TO  ISSUE
 THEIR  OWN  INITIAL  CERTIFICATIONS  OF SUBSTANTIAL COMPLETION AND FINAL
 COMPLETION OR ANY OTHER OBLIGATIONS UNDER THE DESIGN-BUILD CONTRACTS.
   § 15-b. Public employees as defined by paragraph (a) of subdivision  7
 of  section 201 of the civil service law and who are employed by author-
 ized entities as defined in paragraph (i) of subdivision (a) of  section

 S. 2508--B                         216
 
 two of this act shall examine [and], review [certifications provided  by
 contractors  for  conformance  with],  AND  DETERMINE  WHETHER  THE WORK
 PERFORMED BY CONTRACTORS IS ACCEPTABLE AND HAS BEEN PERFORMED IN ACCORD-
 ANCE  WITH  THE  APPLICABLE  DESIGN-BUILD CONTRACTS.   SUCH EXAMINATION,
 REVIEW, AND DETERMINATION SHALL INCLUDE, BUT NOT BE LIMITED TO  material
 source  testing,  certifications testing, surveying, monitoring of envi-
 ronmental compliance, independent quality control testing and inspection
 and quality assurance audits.  SUCH PUBLIC EMPLOYEES MAY ACCEPT CONTRAC-
 TORS' SUBSTANTIAL OR FINAL COMPLETION OF THE PUBLIC WORKS AS APPLICABLE.
 Performance by authorized entities  of  any  review  described  in  this
 subdivision shall not be construed to modify or limit contractors' obli-
 gations  to  perform  work  in  strict  accordance  with  the applicable
 design-build contracts or the contractors' or any subcontractors'  obli-
 gations or liabilities under any law.
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to part F of chapter 60 of  the  laws  of  2015  made  by
 section  one  of  this  act shall not affect the repeal of such part and
 shall be deemed repealed therewith.
 
                                 PART HHH
 
   Section 1. Section 1 of chapter 174 of the laws of 1968,  constituting
 the  New  York  state  urban  development corporation act, is amended by
 adding a new section 16-bb to read as follows:
   § 16-BB. NEW YORK SMALL BUSINESS GRANT PROGRAM.  1.  THERE  IS  HEREBY
 ESTABLISHED  A  NEW  YORK  STATE  SMALL BUSINESS GRANT PROGRAM UNDER THE
 PURVIEW OF THE EMPIRE STATE DEVELOPMENT CORPORATION. SUCH PROGRAM  SHALL
 NOT EXPEND MORE THAN ONE HUNDRED MILLION DOLLARS AND SHALL PROVIDE SMALL
 BUSINESSES,  AS  DEFINED IN SECTION 131 OF THE ECONOMIC DEVELOPMENT LAW,
 WITH GRANTS IN ORDER TO  ASSIST  SUCH  BUSINESSES  RECOVERING  FROM  THE
 COVID-19 PANDEMIC.
   2.  THE  ASSISTANCE PROVIDED UNDER THIS SECTION SHALL BE FUNDED BY ANY
 AVAILABLE FEDERAL RELIEF FUNDS AVAILABLE TO THE STATE UP TO ONE  HUNDRED
 MILLION DOLLARS.
   3.  GRANTS MADE PURSUANT TO THIS SECTION SHALL, AS FAR AS PRACTICABLE,
 BE EQUITABLY DISTRIBUTED AMONG ALL REGIONS OF THE STATE,  REFLECTIVE  OF
 THE  ECONOMIC  IMPACT ON EACH REGION DUE TO THE CLOSURE OR LIMITATION OF
 BUSINESS OPERATIONS DUE TO ANY EXECUTIVE ORDER ISSUED  BY  THE  GOVERNOR
 RELATED  TO  THE STATE DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE
 ORDER 202 OF 2020.
   4. THE EMPIRE STATE DEVELOPMENT CORPORATION SHALL CREATE  AN  APPLICA-
 TION PROCESS FOR SUCH GRANTS, AND SHALL PROMULGATE RULES AND REGULATIONS
 FOR AWARDING AND DISTRIBUTING GRANTS PURSUANT TO THIS SECTION; PROVIDED,
 HOWEVER,  THAT  PREFERENCE IS GIVEN TO SMALL BUSINESSES THAT WERE FORCED
 TO CLOSE DURING PHASE THREE OR PHASE FOUR OF THE STATE'S REOPENING  PLAN
 IN THE COUNTY OR REGION IN WHICH THE BUSINESS IS LOCATED.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section

 S. 2508--B                         217
 
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through HHH of this  act  shall
 be as specifically set forth in the last section of such Parts.